Allowed

Arania Jain v. State of U.P. and Another

Allahabad HC26 Jul 2024A482/17624/2024

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. to quash proceedings in a 2011 cheating/theft case on the basis of a compromise between the parties. The compromise was verified by the trial court. Holding that continuation would serve no fruitful purpose, the High Court quashed the entire proceedings against the applicant.

What did the court decide?

Entire proceedings of Criminal Case No. 12648 of 2012 pending before CJM, Prayagraj, quashed; petition allowed.

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

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Neutral Citation No. - 2024:AHC:120473

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 17624 of 2024

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Applicant :- Arania Jain Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashok Kumar,Neeraj Kumar Pandey Counsel for Opposite Party :- G.A.,Mohd Jaid Siddiqui,Sahab Ali

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicant, learned counsel for opposite party no. 2, learned A.G.A. for the State-respondent, and perused the entire record including the verification report of compromise by the court concerned.

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This application under Section 482 Cr.P.C. has been filed with a prayer to quash the entire proceedings of Criminal Case No. 12648 of 2012, titled as State v. Sanjay Sharma, arising out of Case Crime No. 385 of 2011, under Sections 379, 406, 420, 120-B I.P.C. and Section 66-C/66-D of I.T. Act, P.S. Civil Lines, District Prayagraj, pending in the court of learned Chief Judicial Magistrate, Prayagraj, on the basis of a compromise.

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Learned counsel for the applicant submits that since the parties had settled their dispute outside the court, therefore, they were directed to appear before the court concerned for verification of the compromise vide order dated 24.05.2024. In compliance thereof, parties appeared before the court below and got the compromise verified on 18.06.2024 by the court below. The registered/fax copy of verification of compromise has been placed on record. It is further submitted that since parties have settled the dispute, opposite party no.2 does not want to proceed with trial, therefore, no fruitful purpose would be served by keeping the matter pending.

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Per contra, learned A.G.A. submits that since the dispute between the parties has been settled and opposite party no.2 has no objection, therefore, the proceedings of the aforesaid case pending before the trial court be quashed.

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I have considered the submissions made by the learned counsel for the parties, and have gone through the entire record.

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Since the dispute between the parties has been amicably settled, no fruitful purpose would be served by permitting to continue the criminal case pending before the trial court and it would simply a waste of judicial time as chances of conviction are very bleak.

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In such circumstances, the entire proceedings of Criminal Case No. 12648 of 2012, titled as State v. Sanjay Sharma, arising out of Case Crime No. 385 of 2011, under Sections 379, 406, 420, 120-B I.P.C. and Section 66-C/66-D of I.T. Act, P.S. Civil Lines, District Prayagraj, pending in the court of learned Chief Judicial Magistrate, Prayagraj, against the applicant, are hereby quashed.

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The instant petition stands allowed, accordingly.

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Order Date :- 26.7.2024

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Shafique

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Justice Vinod Diwakar

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Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad

Arania Jain v. State of U.P. and Another

Case brief

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Arania Jain v. State of U.P. and Another

Case brief

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