Allowed

Md. Sageer and 4 Others v. State of U.P. Thru. Prin. Secy. Lko. and 4 Others

Allahabad HC25 Oct 2024/9893/2024

Case brief

AI extract

What is this about?

Single Judge quashed criminal proceedings under IPC following an out-of-court compromise verified by lower court judge. Bench relied on Supreme Court precedents to rule continuation was futile.

What did the court decide?

Criminal proceedings of Criminal Case No.173 of 2019 under Sections 147/323/506/504 IPC were quashed.

What the court decided

Md. Sageer and 4 Others Vs State of U.P. Thru. Prin… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:72573

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Court No. - 29

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Case :- APPLICATION U/S 482 No. - 9893 of 2024

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Applicant :- Md. Sageer And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko. And 4 Others Counsel for Applicant :- Rohit Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Rohit Kumar Singh, the learned counsel for the applicants, Sri Jai Prakash, the learned A.G.A. for the State and Sri Vijay Bahadur Singh, Advocate who has put in appearance on behalf of the opposite party nos.2 to 5 and filed his vakalatnama, which is taken on record and perused the record.

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By means of the instant application filed under Section 528 BNSS, the applicants have sought quashing of the entire proceedings of Criminal Case No.173 of 2019: State Vs. Md. Sageer and others, arising out of Case Crime No.263 of 2018, under Sections 147/323/506/504 I.P.C. relating to Police Station Dhammaur, District Sultanpur, pending in the court of learned Additional Chief Judicial Magistrate, Court No.17, Sultanpur.

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Learned counsels for the parties submit that they have settled their dispute amicably outside the Court and they have arrived at the compromise. Compromise entered into between the parties have been placed on record as Annexure-3 to the petition. The learned counsel for the parties have confirmed the terms of the compromise. Compromise has been verified by Additional Chief Judicial Magistrate, Court No.17, Sultanpur vide order dated 30.09.2024 in compliance of the order dated 05.09.2024 passed by this Court in Application u/s 482 No.7890 of 2024.

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I have considered the submissions of learned counsel for the

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parties.

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Considering the ratio laid down by the Supreme Court in the cases of 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 Station of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466 , 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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In view of the fact that the parties have settled their dispute outside the Court by way of compromise arrived at between the parties and law laid down by the Supreme Court of India, the present petition is allowed and proceedings of Criminal Case No.173 of 2019: State Vs. Md. Sageer and others, arising out of Case Crime No.263 of 2018, under Sections 147/323/506/504 I.P.C. relating to Police Station Dhammaur, District Sultanpur, pending in the court of learned Additional Chief Judicial Magistrate, Court No.17, Sultanpur are hereby quashed.

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(Subhash Vidyarthi, J.)

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Order Date :- 25.10.2024 Ram.

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

Md. Sageer and 4 Others v. State of U.P. Thru. Prin. Secy. Lko. and 4 Others

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Md. Sageer and 4 Others v. State of U.P. Thru. Prin. Secy. Lko. and 4 Others

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