Quashed

Alok Kumar and Another v. State of U.P. and Another

Allahabad HC25 Jul 2024A482/15737/2024

Case brief

AI extract

What is this about?

The High Court in Agra allowed a u/s 482 Cr.P.C. application by applicants seeking quashing of criminal proceedings. Relying on settled law regarding settlements, the court held that since the dispute was amicably settled and verified by the trial court, the proceedings under IPC Sections 324, 452, 308, 325 should be quashed.

What did the court decide?

The proceedings of Criminal Case No. 3147 of 2016, State vs. Alok Kumar and another are quashed.

Alok Kumar and Another vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:118873

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 15737 of 2024

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Applicant :- Alok Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Najakat Ali Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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Heard Sri Najakat Ali, learned counsel for the applicants, Sri Ajay Singh, learned A.G.A.-I for the State and perused the records.

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Notice was issued to the opposite party no. 2 vide order dated 26.6.2024 passed by a co-ordinate Bench of this Court. As per office report dated 24.7.2024 notice has been served personally on the opposite party no. 2 as per report of C.J.M, Agra. Despite service no one appears on his behalf even in the revised list. Service of notice is thus sufficient.

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The present application under Section 482 Cr.P.C. has been filed by the applicants Alok Kumar, Rambabu with the prayer to quash the entire proceedings of Criminal Case No. 3147 of 2016, State vs. Alok Kumar and another, pending in the court of Additional Sessions Judge, Court No. 21, Agra, arising out of Case Crime No. 53 of 2016, under Sections 324, 452, 308, 325 I.P.C., P.S. Malpura, District Agra on the basis of compromise between the parties.

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Learned counsel for the applicants argued that the parties have settled the dispute amicably out of court and on the basis of compromise the applicants filed a Criminal Misc. Application U/S 482 Cr.P.C. No. 27725 of 2023 before this Court in which an order for verification of the compromise was passed on 11.8.2023 and after verification liberty was granted to the applicants to approach before this Court for quashing of the proceedings, para-2 of the affidavit has been placed before the Court for the same. It is argued that in compliance of the order dated 11.8.2023 of this Court, the parties have filed the order of this Court before the concerned court for its verification after which the concerned court has verified the said compromise vide its order dated 06.10.2023, copy of the said order is at page no. 69 of the paper book. 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.

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Learned State counsel opposed the prayer for quashing but could not dispute the fact that the matter has been amicably settled between the parties which was duly verified by the concerned trial court.

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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;

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(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 applicants.

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The present application is allowed.

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The proceedings of Criminal Case No. 3147 of 2016, State vs. Alok Kumar and another are hereby quashed.

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(Samit Gopal,J.)

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Order Date :- 25.7.2024 Naresh

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Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad

Alok Kumar and Another v. State of U.P. and Another

Case brief

What is this about?

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Alok Kumar and Another v. State of U.P. and Another

Case brief

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