Allowed

Raju Rawat and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and Another

Allahabad HC10 Dec 2024A482/11207/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the Single Judge allowed the quashing of the summoning order dated 20.08.2019 and entire proceedings of Case Crime No.516 of 2018, citing a mutual settlement via a compromise deed verified by the lower court, deeming no useful purpose served by further prosecution.

What did the court decide?

Quashing of the summoning order dated 20.08.2019 and entire proceedings of Case Crime No.516 of 2018 under Sections 323, 504, 354(ga) IPC based on the verified compromise deed dated 11.06.2024.

Raju Rawat and 2 Others Vs State of U.P. Thru. Prin… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:82416

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 11207 of 2024 Applicant :- Raju Rawat And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And Another Counsel for Applicant :- Mohd. Imran Khan Counsel for Opposite Party :- G.A.

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Hon'ble Brij Raj Singh,J.

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Vakalatnama filed by Shri Mohd. Vakar Khan, Advocate on behalf of opposite party no.2 is taken on record.

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Heard Shri Mohd. Imran khan, learned counsel for the applicants, learned A.G.A. for the State and Shri Mohd. Vakar Khan, learned counsel for opposite party no.2 and perused the record.

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The present application under Section 482 Cr.P.C. has been filed for quashing of the summoning order dated 20.08.2019 as well as the entire proceedings of Case Crime No.516 of 2018, arising out of charge sheet dated 25.03.2019 bearing Criminal Case No.42793 of 2019, under Sections 323, 504, 354(ga) IPC., Police Station Ashiyana, District Lucknow pending in the court of Additional Chief Judicial Magistrate, (C.B.I./A.P.) Lucknow in terms of compromise deed dated 11.06.2024 held between the parties.

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Learned counsel for the applicants submits that in pursuance of the earlier order dated 4.7.2024 passed in Application U/s 482 Cr.P.C. No.5913 of 2024, the matter was sent before the court below for verification of the compromise deed dated 11.06.2024.

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It is evident from the record that the factum of the compromise has been verified by the court below vide his order/report dated 31.08.2024, the compromise deed and verification report are appended as Annexures 4 and 6 to the application, which goes to show that opposite parties do not want to prosecute the applicants.

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Learned AGA fairly concedes that compromise has been affected between the parties and the same has duly been verified by the court below.

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The Hon'ble Apex Court, in catena of decisions, viz., Gian Singh vs. State of Punjab, 2012 AIR SCW 5333, B.S. Joshi and others vs. State of Haryana, (2003) 3 SCC 675 and Narinder Singh vs. State of Punjab, (2014) 6 SCC 466 , has held that inherent power can be used to do real and substantial justice. Hence, inherent power can be exercised to speed up the process of ending the criminal proceedings where the settlement is arrived at

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between the parties.

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In view of the aforesaid fact that parties do not want to pursue the case any further and the matter has been mutually settled between the parties by way of compromise, no useful purpose would be served in proceeding with the matter any further.

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The application is allowed.

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The summoning order dated 20.08.2019 as well as the entire proceedings of Case Crime No.516 of 2018, arising out of charge sheet dated 25.03.2019 bearing Criminal Case No.42793 of 2019, under Sections 323, 504, 354(ga) IPC., Police Station Ashiyana, District Lucknow in terms of compromise deed dated 11.06.2024 held between the parties are hereby quashed.

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Office is directed to send a copy of this order to the court concerned, forthwith. Order Date :- 10.12.2024 Pks

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Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench

Raju Rawat and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and Another

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Raju Rawat and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and Another

Case brief

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