Allowed

Mohd. Sufiyan and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Allahabad HC27 Feb 2024A482/1796/2024

Case brief

AI extract

What is this about?

A Section 482 petition sought quashing of proceedings under Sections 323, 504, 452, 506 and 325 IPC after the parties settled by compromise verified by the trial court on 06.03.2024. Following Supreme Court precedent on quashing via compromise, the court allowed the petition and quashed all proceedings including the charge-sheet and summoning order.

What did the court decide?

Entire proceedings of Criminal Case No.2517 of 2020 arising out of Case Crime No.0228 of 2018, charge-sheet No.202 of 2018 and summoning order dated 21.09.2020 quashed.

Mohd. Sufiyan and 2 Others vs State of U.P. Thru. Prin… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:34062

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 1796 of 2024

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Applicant :- Mohd. Sufiyan And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another

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Counsel for Applicant :- Ram Singh

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Counsel for Opposite Party :- G.A.,Ramkripal Yadav

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Hon'ble Karunesh Singh Pawar,J.

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Supplementary affidavit filed today is taken on record.

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Heard learned counsel for the petitioners, learned A.G.A. for the State and learned counsel for respondent no.2.

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The petition seeks quashing of the entire proceedings of the Criminal Case No.2517 of 2020 arising out of Case Crime No.0228 of 2018 under Sections 323, 504, 452, 506, 325 Indian Penal Code, Police Station Akbarpur, District Amedkar Nagar pending in the court of Chief Judicial Magistrate, Ambedkar Nagar including the charge-sheet No.202 of 2018 dated 18.07.2018 as well as cognizance/summoning order dated 21.09.2020.

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The Co-ordinate Bench of this Court on 27.02.2024 has passed the following order:-

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"1.Heard learned counsel for the petitioners, learned Additional Government Advocate for the State and Sri Ram Kripal Yadav, learned counsel, who has put in appearance on behalf of opposite party No.2 and filed Vakalatnama. The same is taken on record.

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2. The instant petition has been filed under Section 482 Cr.P.C. for quashing of the entire criminal proceedings of Criminal Case No.2517 of 2020 (State vs. Obaidullah & others) arising out of Case Crime No.0228 of 2018, under Sections 323, 504, 452, 506 & 325 I.P.C., Police Station-Akbarpur, DistrictAmbedkar Nagar pending before the learned Chief Judicial

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Magistrate, Ambedkar Nagar, including the charge-sheet No.202 of 2018 dated 18.07.2018 as well as for quashing the order dated 21.09.2020 passed by the learned Chief Judicial Magistrate, Ambedkar Nagar thereby directing the petitioners to appear before the court to face the trial, as contained in Annexure Nos.1 & 2 to the petition.

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3. Learned counsel for the petitioners submits that petitioners and opposite party No.2 have amicably compromised their dispute on 25.01.2024 (wrongly mentioned as 25.01.2023). The original copy of the compromise taken place between the parties has been annexed with this petition as Annexure No.6.

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4. Whether the parties have, in fact, compromised the matter or not, can very well be ascertained by the Court below, as such, compromise has to be duly verified in presence of the parties concerned before the court below.

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5. In view of the above, the parties are directed to appear before the court below i.e. learned Chief Judicial Magistrate, Ambedkar Nagar on 06.03.2024 along with original compromise deed dated 25.01.2024 for verification of the aforesaid compromise. After verification of the aforesaid compromise, a report to that effect shall be prepared by the court below and send it to this Court before the next date of listing, which shall be made part of the record.

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6. List this case on 02.04.2024 along with report of the court below.

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7. Till the next date of listing, the petitioners shall not be compelled to face the criminal proceedings pursuant to the aforesaid criminal case.

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8. Office is directed to return the original copy of the compromise deed dated 25.01.2024 (wrongly mentioned as 25.01.2023) to the learned counsel for the petitioners forthwith after keeping its photocopy on record.

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9. When the case is next listed, name of Sri Ram Kripal Yadav, Advocate be printed in the cause list as counsel for the opposite parties."

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Learned counsel for the parties submit that in compliance of

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the aforesaid order, the parties appeared before the learned trial court who has verified the compromise in presence of the parties vide his report dated 06.03.2024, the certified copy of the order dated 06.03.2024 has been filed along with supplementary affidavit which is taken on record.

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It is thus, submitted by learned counsel for the petitioners that compromise between the petitioners and the respondent No.2 has been amicable settled by way of compromise which has been verified under the orders of the court by the learned trial court vide order dated 06.03.2024 hence, the impugned proceedings are liable to be quashed.

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Learned counsel for respondent no.2 concedes the argument made by learned counsel for the petitioners.

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Learned counsel for the parties submits that in view of the judgments of Hon'ble Apex Court in B. S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus State of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466 , the proceedings pending before learned trial court are liable to be quashed.

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In view of the fact that the parties have settled their dispute outside the Court by way of compromise and from perusal of the record it appears that the compromise has been verified by court below and the verification report dated 06.03.2024 is on record as well as law laid down by the Hon'ble Supreme Court of India in the cases (supra), the present petition is allowed and the criminal proceedings (supra) are hereby quashed.

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Order Date :- 1.5.2024 Saurabh Yadav/-

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

Mohd. Sufiyan and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

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Mohd. Sufiyan and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Case brief

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