Allowed

Laxmi Lal and Another v. State of U.P. and Another

Allahabad HC16 Oct 2024A482/12441/2024

Case brief

AI extract

What is this about?

This judgment allowed an application under Section 482 Cr.P.C. to quash criminal proceedings due to a verified compromise between applicants and the opposite party, relying on settled Supreme Court precedents.

What did the court decide?

The entire proceedings of the said case are hereby quashed subject to the applicants depositing Rs. 10,000/- before the concerned trial court.

Laxmi Lal and Another vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:164262

¶2

Court No. - 80

¶3

Case :- APPLICATION U/S 482 No. - 12441 of 2024

¶4

Applicant :- Laxmi Lal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Kashyap Counsel for Opposite Party :- Amal Kumar Srivastava,G.A.

¶5

Hon'ble Samit Gopal,J.

¶6

Heard Sri Ajay Kumar Kashyap, learned counsel for the applicants, Sri Amal Kumar Srivastava, learned counsel for the opposite party no.2 and Sri Triveni Sharan Rai, learned counsel for the State and perused the record.

¶7

This application under Section 482 Cr.P.C. has been filed by the applicantsLaxmi Lal and Kalawati, with the prayer to allow this application and quash the entire proceeding as well as impugned charge-sheet dated 02.10.2023 & cognizance order dated 17.02.2024 in Case No. 111 of 2024 (State Vs. Laxmi Lal and Another) arising out of Case Crime No. 217 of 2023, under Sections 504, 506, 452, 323, 354A I.P.C. against the applicant no.1 and under Sections 323, 504 I.P.C. against the applicant no.2, Police Station Quoladia, District Bareilly, pending in the court of Judicial Magistrate, Nawabganj, Bareilly, with a further prayer that proceeding of the aforesaid case be stayed.

¶8

The office vide its report dated 04.07.2024/28.09.2024 reported that a report from the Civil Judge (Junior Division) / Judicial Magistrate, Nawabganj, Bareilly has been received, wherein it has been stated that compromise between the parties has been verified vide its report dated 13.05.2024.

¶9

Learned counsel for the applicants submitted that the applicant no.1 is the Phupha Sasur of the opposite party no.2 and the applicant no.2 is the wife of applicant no.1. It is argued that the parties have settled the dispute amicably out of court and on the basis of compromise the applicants filed the present Criminal Misc. Application U/S 482 Cr.P.C. in which an order for verification of the compromise was passed on 27.04.2024 by a co-ordinate Bench of this Court. It is argued that in compliance of the said order, the parties have filed the order of this Court along with compromise application before the concerned court for its verification after which the concerned court has verified the said compromise vide its order dated 13.05.2024. It is argued that the opposite party no. 2 is not interested to pursue the matter pending in the trial court and is not inclined to give any evidence against the applicants and therefore the impugned proceedings be quashed on the ground of compromise between the parties.

¶10

Learned counsel for the opposite party no.2 and learned counsel for the State could not dispute the fact that the matter has been amicably settled between the parties which was duly verified by the concerned trial court.

¶11

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.

¶12

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 entire proceedings of case as prayed for by the applicants.

¶13

The present application is allowed .

¶14

The entire proceedings of the said case are hereby quashed subject to the applicants depositing Rs. 10,000/- before the concerned trial court which shall be utilized by the District Legal Services Authority of the district.

¶15

Order Date :- 16.10.2024 AS Rathore

¶16

(Samit Gopal,J.)

¶17

Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

Laxmi Lal and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Laxmi Lal and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jawahar Lal vs State of U.P. and Another

Vipin Kumar Alias Bipin Kumar vs State of U.P. and Another

X- Juvenile vs State of U.P. and Another

Yash Yadav vs State of U.P.

Shyam Singh and 2 Others vs State of U.P. and Another

Pramod and 3 Others vs State of U.P. and Another