Allowed

Ravindra Kumar Pandey and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and 6 Others

Allahabad HC20 Dec 2024A482/11826/2024

Case brief

AI extract

What is this about?

The Allahabad High Court quashed criminal proceedings under sections 308, 325, 323, 504, and 427 IPC allowed an application under Section 482 Cr.P.C. where the parties had mutually settled the dispute and the compromise was verified by the trial court, holding that the proceedings were personal in nature and no useful purpose would be served by continuing them.

What did the court decide?

Quashing of the entire criminal proceeding of Case No.4872/2022 against the applicants.

Ravindra Kumar Pandey and 2 Others vs State of U.P. Thru… — Cheque Dishonour | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:86492

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 11826 of 2024

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Applicant :- Ravindra Kumar Pandey And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 6 Others Counsel for Applicant :- Raja Babu Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Vakalatnama filed by Shri Manjeet Kumar Pathak, Advocate on behalf of the private respondents is taken on record.

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Heard learned counsel for the applicants, learned A.G.A. for the State of U.P., learned counsel for the private respondents and perused the record.

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This application under Section 482 Cr.P.C. has been filed with following prayer:-

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"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire criminal proceeding of Case No.4872/2022, State versus Ravindra Kumar Pandey and others, in Case Crime No. 0176/2021 under section 308, 325, 323, 504, 427 IPC, P.S. Wazeerganj, DistrictGonda, pending in the court of Learned Civil Judge (S.D.) F.T.C. Naveen/Additional Chief Judicial Magistrate, Gonda, on the basis of Compromise Verification Report dated 02.12.2024, as contained in Annexure No.8 to this petition, in the interest of justice."

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Learned counsel for the applicants as well as learned counsel for private respondents jointly submitted that vide order dated 24.10.2024, a direction was given to the trial court to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned trial court had verified the contents of compromise.

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Learned counsel for the applicants and learned counsel for private respondents jointly submitted that the parties have entered into compromise, which has duly been verified by the trial court vide report/order dated 02.12.2024.

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Learned A.G.A. has fairly conceded that compromise has been effected between the parties and the same has duly been

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verified by the trial court.

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Hon'ble Apex Court in catena of decisions has held that inherent power can be used to do real and substantial justice as has been held in 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. Hence, inherent power can be exercised to speed up the process of ending the criminal proceedings where the settlement is arrived at between the parties.

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

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For the discussions made above, the present application is allowed. The entire criminal proceeding of Case No.4872/2022, State versus Ravindra Kumar Pandey and others, in Case Crime No. 0176/2021 under sections 308, 325, 323, 504, 427 IPC, P.S.- Wazeerganj, District- Gonda, pending in the court of Learned Civil Judge (S.D.) F.T.C. Naveen/Additional Chief Judicial Magistrate, Gonda are hereby quashed .

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Office is directed to communicate this order to learned trial Court, forthwith.

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Order Date :- 20.12.2024 Arpan

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

Ravindra Kumar Pandey and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and 6 Others

Case brief

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Ravindra Kumar Pandey and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and 6 Others

Case brief

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