Allowed

Braj Kishore v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC8 Jan 2024/65/2024

Case brief

AI extract

What is this about?

This court quashed the entire criminal proceeding in a charge sheet under Sections 379/411 IPC. The applicant had settled the dispute with the complainant, and the compromise was verified by the lower court. Relying on Supreme Court precedents regarding the quashing of criminal proceedings upon settlement, the court held that further prosecution would be futile and allowed the application.

What did the court decide?

The entire proceedings of the charge sheet (Charge sheet no. 01/2022) and the underlying criminal case were quashed.

Braj Kishore Vs State of U.P. Thru. Prin. Secy. Home… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:1761

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 65 of 2024

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Applicant :- Braj Kishore Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Mohd. Salman,Ana Fatma,Mohd. Zishan,Mukhtar Ahamad Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Sri Arshad Jameel, Advocate filed vakalatnama on behalf of opposite party no.2, the same is taken on record.

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Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and Sri Rajeev Shukla, learned State Counsel for the State.

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By means of this petition, the petitioners have prayed for quashig the entire proceeding of Charge sheet no. 01/2022 dated 14.12.2022 in Criminal Case no. 16226/2023 (New Case no. 05/2023), Case Crime no. 0089/2023, U/s 379/411 I.P.C P.S. Auras, District Unnao, styled as State Vs Brij Kishore, pending Before Learned Civil Judge (S/D)/ F.T.C Unnao.

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This Court vide order dated 20.09.2023 passed in Application U/S 482 Cr.P.C. No.9088 of 2023 ( Braj Kishore vs. State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another) directed the parties to appear before the learned court below for verification of the compromise entered into between the parties on 05.09.2023.

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In compliance of the aforesaid order, the parties appeared before the learned court below on 29.11.2023 to verify the aforesaid compromise and after verification of contents of the compromise and the parties thereof, the learned court below has submitted his report dated 29.11.2023.

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The report of the learned court below dated 29.11.2023 indicates that the compromise has been verified. Copy of report of the learned court below is annexed as Annexure No.2 to this petition.

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Learned State Counsel does not dispute the aforesaid fact.

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Considering the facts and circumstances of the issue in question, particularly, the fact that the present petitioner and the private opposite party have settled the dispute through compromise, which has been verified by the learned court below and copy of the report to this effect has been annexed as Annexure No.2 to this petition, therefore, compelling the prosecution to prosecute the present petitioner would to be a futile exercise and in view of the dictum of Hon'ble Supreme Court rendered in re: B.S. Joshi and others Vs. State of Haryana and Another; 2003 (4) SCC 675, Gian Singh vs. State of Punjab (2012) 10 SCC 303; State of Rajasthan vs. Shambhu Kewat, (2014) 4 SCC 149; State of Madhya Pradesh vs. Deepak (2014) 10 SCC 285; State of Madhya Pradesh vs. Manish (2015) 8 SCC 307; J.Ramesh Kamath vs. Mohana Kurup (2016) 12 SCC 179; State of Madhya Pradesh vs. Rajveer Singh (2016) 12 SCC 471; Parbatbhai AAhir vs. State of Gujarat (2017) 9 SCC 641 , the entire proceedings of the aforesaid criminal case are hereby quashed.

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The petition is, therefore, allowed .

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No order as to costs.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 8.1.2024 Vipul

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Digitally signed by :- VIPUL PRATAP GOGAL High Court of Judicature at Allahabad, Lucknow Bench

Braj Kishore v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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Braj Kishore v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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