Allowed

Sarfaraj Ahmad and Others v. State of Up ANOther

Allahabad HC6 Sept 2024A482/1178/2024

Case brief

AI extract

What is this about?

The applicant applied under Section 482 Cr.P.C. to quash summoning orders and a charge sheet in a criminal case, following an amicable settlement between the parties mediated by the Court. The Court relied on Apex Court precedents regarding settlement and allowed the application, quashing the proceedings.

What did the court decide?

Summoning order dated 15.09.2023 and charge sheet No. 84 of 2020 were quashed.

Sarfaraj Ahmad and Others vs State of Up ANOther — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:145686

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 1178 of 2024

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Applicant :- Sarfaraj Ahmad And Others Opposite Party :- State Of Up Another Counsel for Applicant :- Peeyush Kumar Pathak,Ranjit Singh Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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Heard Sri Ranjit Singh, learned counsel for the applicant(s), Sri Birendra Pratap Singh, learned counsel for the State and perused the records.

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The present application under Section 482 Cr.P.C. has been filed by the applicants Sarfaraj Ahmad, Sonu, Abdul Kadir, Arman, Mustafa, Feryaj and Nasir with the following prayers:

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"It is therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to allow this application U/S 482 of Cr.P.C. and please to quash the Summoning order dated 15.09.2023 as well as charge sheet no 84 of 2020 in case crime no. 0101 of 2020 U/S 147, 323, 504 & 506 I.P.C., P.S. Mutthiganj, Prayagraj or stay the proceeding of Case No. 1489 of 2023 headed as State versus Sarfaraj Ahmad and others, arises from the case crime no. 0101 of 2020 U/S 147, 323, 504 & 506 I.P.C., P.S. Mutthiganj District Prayagraj, pending in the court of A.C.J.M. room no. 9, Allahabad.

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It is further prayed that this Hon'ble court may kindly be pleased to stay the further proceeding of the case no. 1489 of 2023 U/S 147, 323, 504 & 506 pending in the court of A.C.J.M. room no. 9 Allahabad, during pendency of this application U/S 482 of Cr.P.C. before this Hon'ble Court, otherwise the applicant shall suffer an irreparable loss and injury.

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And/or pass such other and further order which this Hon'ble Court may deem fit and proper under the present facts and circumstances of the case."

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The matter was referred to the Mediation Centre of this Court vide order dated 01.04.2024 for making an effort between the parties for settling their disputes amicably.

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As per report of Mediation Centre dated 02.07.2024 the parties have amicably settled their dispute and agreed to withdraw the cases going on between them and further they have decided to reunite and live together rest of their lives in view of settlement agreement dated 02.07.2024.

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As per the office report dated 05.09.2024, a report from the Mediation Centre of this Court is on record.

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From perusal of the report of Mediation Centre of this Court, it appears that in pursuance of the said order the mediation proceedings were taken up which ended in a settlement dated 02.07.2024 between the parties and the Mediation succeeded. The parties have settled their grievances and even the dispute arising in the present matter. The parties have agreed do not pursue the cases going on between them, the said fact is mentioned in para 6-e of the said mediation report.

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The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed.

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From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings as prayed for by the applicant(s).

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The present application is allowed.

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The summoning order dated 15.09.2023 as well as charge sheet No. 84 of 2020 of the aforesaid case are hereby quashed.

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Order Date :- 6.9.2024 M. ARIF

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(Samit Gopal, J.)

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Sarfaraj Ahmad and Others v. State of Up ANOther

Case brief

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Sarfaraj Ahmad and Others v. State of Up ANOther

Case brief

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