Allowed

Anurag Mishra and 5 Others v. State of U.P. Thru. Addl. Chief Secy./ Prin. Secy. Home Lko and Another

Allahabad HC10 Dec 2024A482/11236/2024

Case brief

AI extract

What is this about?

The Allahabad High Court quashed criminal proceedings and summoned orders against the applicants under the Indian Penal Code. The court observed that the parties had entered into a compromise and verified it, leaving no dispute. Based on Supreme Court precedents, the court set aside the proceedings as harassment.

What did the court decide?

The entire as well as consequential proceedings of Case No. 840 of 2020 under Sections 147, 323, 504, 506, 427 IPC are quashed against the applicants.

Anurag Mishra and 5 Others vs State of U.P. Thru. Addl… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:82617

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Court No. - 28 Case :- APPLICATION U/S 482 No. - 11236 of 2024 Applicant :- Anurag Mishra And 5 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy./ Prin. Secy. Home Lko And Another Counsel for Applicant :- Anjani Kumar Mishra,Chinmay Mishra,Naumi Lal Counsel for Opposite Party :- G.A.

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Hon'ble Brij Raj Singh,J.

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Power filed today by Ms. Akansha Bajpayee on behalf of the opposite party no. 2 is taken on record.

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Heard learned counsel for the applicants, learned A.G.A. for the State, Sri Akansha Bajpayee, learned counsel for the opposite party no-2 and perused the material placed on record.

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By means of the instant application, the applicants have prayed for quashing the entire as well as consequential proceedings of Case No. 840 of 2020 (State vs Anurag Mishra & Ors.), arising out of Case Crime No. 120/2019 registered at Police Station Qiaserbagh, District Lucknow, pending in the Ld. Court of Additional Chief Judicial Magistrate - I, Lucknow, under Sections 147, 323, 504, 506, 427 IPC as well as the impugned charge-framing order dated 06.01.2022 passed by the Ld. Court of Additional Chief Judicial Magistrate-I, Lucknow in Case No. 840 of 2020 (State vs Anurag Mishra & Ors), whereby, charges have been framed against the Applicants under Sections 147, 323, 504, 506, 427 IPC along with the impugned summoning order, dated 02.01.2020 passed by Ld. Court of Additional Chief Judicial Magistrate 1, Lucknow in Case No. 840 of 2020 (State vs Anurag Mishra & Ors) arising out of Case Crime No. 120/2019 registered at Police Station Qiaserbagh, District Lucknow, whereby, the Applicants have been summoned as accused under Sections 147, 323, 504, 506, 427 IPC and also the impugned charge- sheet, dated 31.07.2019, under Sections 147, 323, 504, 506, 427 IPC filed against the applicants.

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Learned counsel for the applicants submits that due to certain misunderstanding, the instant F.I.R. was lodged against the applicants. He added that later on, the parties sat together and have amicably settled their disputes, which has been reduced in writing on 11.11.2024. Thereafter, the applicants filed an Application U/S 482 No.10243 of 2024 wherein this Court vide order dated 19.11.2024 has directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 25.11.2024. He submits that now there is no dispute in between the parties and they have settled their dispute. He submits that further criminal

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proceedings in the instant matter would amount to harassment and, thus, the instant criminal proceedings against the applicants may be quashed.

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Learned counsel for the opposite party no. 2 has also supported the version of the learned counsel for the applicants and submits that parties have amicably settled their dispute and the opposite party no.2 has no grievance, hence, criminal proceedings against the applicants may be dropped.

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Learned counsel for the State has no objection to the submissions aforesaid.

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Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 11.11.2024 and said compromise has been verified on 25.11.2024 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings against the applicants.

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In view of the above, as the applicants and opposite parties have entered into compromise on 11.11.2024 and no grievance remains to be agitated and, as such, further criminal proceedings in the aforementioned criminal case are liable to be set aside in view of the Judgments of the Apex Court rendered in B.S. Joshi and others Vs. State of Haryana and another (2003) 4 SCC 675; Nikhil Merchant Vs. Central Bureau of Investigation (2008) 9 SCC 677; Manoj Sharma Vs. State and others, (2008) 16 SCC 1; Gian Singh Vs. State of Punjab (2012) 10 SCC 303; and Narindra Singh and others Vs. State of Punjab (2014) 6 SCC 466 .

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Accordingly, entire as well as consequential proceedings of Case No. 840 of 2020 (State vs Anurag Mishra & Ors.), arising out of Case Crime No. 120/2019 registered at Police Station Qiaserbagh, District Lucknow, pending in the Ld. Court of Additional Chief Judicial Magistrate - I, Lucknow, under Sections 147, 323, 504, 506, 427 IPC are hereby quashed against the applicants.

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The compromise shall be part of this order.

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The application is allowed accordingly.

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[Brij Raj Singh, J.]

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Order Date :- 10.12.2024 / Anuj Singh

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

Anurag Mishra and 5 Others v. State of U.P. Thru. Addl. Chief Secy./ Prin. Secy. Home Lko and Another

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Anurag Mishra and 5 Others v. State of U.P. Thru. Addl. Chief Secy./ Prin. Secy. Home Lko and Another

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