Allowed

Udit Mohan Pathak v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC22 Feb 2024A482/1678/2024

Case brief

AI extract

What is this about?

The applicant sought quashing of criminal proceedings under Sections 406 and 420 IPC based on a compromise. The court verified the compromise was executed and verified by the trial court. Relying on Supreme Court precedents, the court held that inherent powers under Section 482 Cr.P.C. could be exercised to end proceedings where parties settled.

What did the court decide?

Quashing of the entire proceedings of Case No.23144 of 2022 arising out of F.I.R./Case Crime No.471 of 2019.

Udit Mohan Pathak vs State of U.P. Thru. Prin. Secy. Home… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:16212

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 1678 of 2024 Applicant :- Udit Mohan Pathak Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Paritosh Shukla,Ashish Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Brij Raj Singh,J.

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Vakalatnama filed by Shri Yogesh Sharan Srivastava, Advocate on behalf of the opposite party No.2 is taken on record.

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Heard learned counsel for the applicant, learned A.G.A. for the State of U.P., learned counsel for the opposite party no. 2 and perused the record.

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This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No.23144 of 2022 arising out of F.I.R./ Case Crime No.471 of 2019, under Sections 406, 420 IPC, Police Station Aliganj, District Ambedkar Nagar pending in the court of learned Chief Judicial Magistrate, Hardoi (State vs. Udit Mohan) on the basis of compromise/settlement arrived at between the parties duly verified by the trial court in pursuant to order passed by this Court.

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Learned counsel for the applicant as well as learned counsel for opposite party No.2 jointly submitted that vide order dated 05.10.2023 passed in Application U/S 482 No.9643 of 2023 a direction was given to the court concerned to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned court concerned had verified the contents of compromise.

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Learned counsel for the applicant and learned counsel for opposite party no. 2 jointly submitted that the parties have entered into compromise, which has duly been verified by the court concerned vide report/order dated 31.10.2023 (Annexure 8) to the application.

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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 verified by the court concerned.

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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

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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 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 and the entire proceedings of Case No.23144 of 2022 arising out of F.I.R./Case Crime No.471 of 2019, under Sections 406, 420 IPC, Police Station Aliganj, District Ambedkar Nagar pending in the court of learned Chief Judicial Magistrate, Hardoi (State vs. Udit Mohan) on the basis of compromise/settlement arrived at between the parties duly verified by the trial court in pursuant to order passed by this Court, are hereby quashed.

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Office is directed to communicate this order to trial court forthwith.

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Order Date :- 22.2.2024 Pks

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

Udit Mohan Pathak v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Udit Mohan Pathak v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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