Arpit @ Arpit Rajpoot and Another Vs State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. and Another — Allahabad HC (2024) — LawSathi Research

Arpit @ Arpit Rajpoot and Another Vs State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. and Another — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Entire criminal proceedings of Criminal Case No.2369 of 2023 arising out of Case Crime No. 512 of 2022 (Sections 328, 307, 201 & 34 IPC, P.S. Para, District Lucknow), including the summoning order dated 19.12.2022, quashed qua the applicants; Office/Registry directed to send a copy of the order to the court concerned through email/fax for necessary compliance.

Issue for consideration

Whether the criminal proceedings of Criminal Case No.2369 of 2023 arising out of Case Crime No. 512 of 2022 (Sections 328, 307, 201 & 34 IPC, P.S. Para, District Lucknow) and the summoning order dated 19.12.2022 should be quashed in view of the compromise between the parties.

Court's answer

The compromise between the parties stands verified by the Additional District and Sessions Judge, Court No. 15, Lucknow, the parties having been present and having admitted entry into the agreement voluntarily.

Ratio / Principle

In view of the verified compromise, the submissions of counsel, the Apex Court precedents relied upon and the nature of the dispute/crime, chances of ultimate conviction are extremely bleak and no useful purpose would be served by allowing the criminal proceedings to continue.

Key takeaways

The application is allowed and the entire proceedings arising out of the FIR/Case Crime No. quoted above are quashed qua the applicants.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Hon'ble Saurabh Lavania, J.), neutral citation 2024:AHC-LKO:63119, order dated 12.9.2024: Application U/S 482 No. 8226 of 2024 allowed; the entire criminal proceedings of Criminal Case No.2369 of 2023 arising out of Case Crime No. 512 of 2022 under Section 328, 307, 201 & 34 IPC, P.S.-Para, District-Lucknow, and the summoning order dated 19.12.2022, quashed qua the applicants on the footing of a compromise verified by the Additional District and Sessions Judge, Court No. 15, Lucknow (order dated 03.09.2024), the Court holding that chances of ultimate conviction were extremely bleak. Reliance placed on Ramgopal and others Vs. State of Madhya Pradesh (2022) 14 SCC 531, Gian Singh Vs. State of Punjab [2012 10 SCC 303], B.S. Joshi Vs. State of Haryana 2003 (4) SCC 675, State of M.P. Vs. Laxmi Narayan 2019(5) SCC 688 and other Supreme Court decisions on quashing criminal proceedings upon genuine compromise.

Neutral Citation No. - 2024:AHC-LKO:63119

Court No. - 13

Case :- APPLICATION U/S 482 No. - 8226 of 2024

Applicant :- Arpit @ Arpit Rajpoot And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Another Counsel for Applicant :- Ravindra Kumar Singh,Ashish Kumar Gupta Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

Sri Ankit Tiwari, Advocate, has put in appearance for the private opposite party no. 2 and has filed his Vakalatnama, which is taken on record.

Heard learned counsel for the applicants, learned AGA for the State of U.P. and gone through the record.

Instant application has been preferred by the applicant(s)/petitioner(s) for quashing criminal proceedings of Criminal Case No.2369 of 2023, arising out of Case Crime No. 512 of 2022, under Section 328, 307, 201 & 34 IPC, P.S.-Para, District-Lucknow as well as summoning order dated 19.12.2022.

It appears that after considering the facts of the case and the submissions made by the learned counsel for the applicants including the dispute between the parties and the offence against the applicants, this Court vide order dated 28.08.2024 passed in APPLICATION U/S 482 No. 7562 of 2024 referred the matter to the concerned court for the purpose of verification of the compromise entered into between the parties.

It appears from the order dated 03.09.2024 (Annexure No. 5) that the Additional District and Sessions Judge, Court No. 15, Lucknow has verified the compromise, mentioning therein that the parties were present and they have admitted that they have entered into an agreement voluntarily and their signatures have been verified by their respective counsels before the court.

Considering the aforesaid as also the submissions made by learned Counsel for the parties as also the observations made by Apex Court in the case of Ramgopal and others Vs. State of Madhya Pradesh, (2022) 14 SCC 531, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P.,

2022 SCC Online ALL 106, Gold Quest International Ltd. Vs. State of Tamilnadu, 2014 (15) SCC 235, B.S. Joshi Vs. State of Haryana, 2003 (4) SCC 675, Jitendra Raghuvanshi Vs. Babita Raghuvanshi, 2013(4) SCC 58, Madhavarao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre, 1988 1 SCC 692, Nikhil Merchant Vs. C.B.I. and another, 2008(9) SCC 677, Manoj Sharma Vs. State and others, 2008(16) SCC 1, State of M.P. Vs. Laxmi Narayan and others, 2019(5) SCC 688, Narindra Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466, Manoj Kumar and others Vs. State of U.P and others (2008) 8 SCC 781, Union Carbide Corporation and others Vs. Union of India and others (1991) 4 SCC 584, Manohar Lal Sharma Vs. Principal Secretary and others (2014) 2 SCC 532 and Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409 as also the nature of dispute/crime, this Court is of the view that the present application is liable to be allowed as chances of ultimate conviction are extremely bleak and hence no useful purpose would be served by allowing the criminal proceedings to continue. Accordingly, present application is allowed . Consequently, the entire proceedings arising out of FIR No./Case Crime No. , quoted above, are hereby quashed qua the applicant(s).

Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance.

Order Date :- 12.9.2024 Mohit Singh/-

Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench