Allowed

Ramesh Kumar and Others v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Another

Allahabad HC31 May 2024/5117/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the court quashed criminal proceedings initiated for offences under IPC Sections 325, 323, and 504. The decision was based on the timely settlement of the dispute between parties via compromise, verified by the trial court, rendering further criminal proceedings futile.

What did the court decide?

The impugned order dated 2.8.2000 and the entire criminal proceeding in Criminal Case No.1902256 of 2000 are quashed.

Ramesh Kumar and Others Vs State of U.P. Thru. Addl… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:41991

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 5117 of 2024

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Applicant :- Ramesh Kumar And Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Rudra Mani Shukla Counsel for Opposite Party :- G.A.,Rajan Singh

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicants, learned A.G.A. for respondent State and Shri Rajan Singh, Advocate, who has filed Vakalatnama on behalf of respondent no.2 which is taken on record.

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The present application under Section 482 Cr.P.C. has been filed by the applicants for quashing of the cognizance and summoning order dated 2.8.2000 passed by learned ACJM-1st Gonda in Criminal Case No.1902256 of 2000, State vs. Ramesh Kumar and others arising out of NCR No.164 of 1999 as FIR/Case Crime No.24 of 2000, under Section 325, 323, 504 IPC, Police Station Paraspur, District Gonda as well as charge-sheet dated 22.3.2000 and 7.4.2000 and the entire proceeding of Criminal Case No.1902256 of 2000.

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Learned counsel for the applicants submits that the parties were having dispute between them. The same has been amicably settled outside the court by way of compromise. The copy of the compromise dated 16.3.2024 is on record as Annexure-9 to the application. On the basis of the said compromise, earlier the applicants have filed Application U/S 482 No.2883 of 2024 before this court in which vide order dated 2.4.2024 the matter was sent to learned trial court for verification of compromise in the presence of parties.

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Further it has been submitted by learned counsel for the applicants that in compliance of order passed by this Court, parties had appeared before the trial court, who in the presence of the parties has verified the compromise entered between the parties vide its order dated 22.4.2024. The copy of the verification report is on record.

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Learned counsel for respondent no.2 concedes the argument made by learned counsel for the applicants.

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Learned A.G.A. has also no objection if the impugned proceedings are quashed.

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Learned counsel for the parties submits that in view of the judgments of Hon'ble Apex Court in B. S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus State of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466 , the proceedings pending before learned trial court are liable to be quashed.

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In view of the fact that the parties have settled their dispute outside the Court by way of compromise and from perusal of the record it appears that the compromise has been verified by the trial court and the verification report is on record as well as considering the ratio laid down by the Hon'ble Supreme Court in the cases (supra), it would be appropriate in the facts and circumstances of the case to quash the criminal proceedings as continuance of the proceedings in pursuance of the criminal proceedings would be an exercise in futility.

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Accordingly, the present petition is allowed and the impugned

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proceedings (supra), are hereby quashed.

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Order Date :- 31.5.2024

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Madhu

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Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench

Ramesh Kumar and Others v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Another

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Ramesh Kumar and Others v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Another

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