Allowed

Mo. Sanawor and Ors. v. State of U.P. Thru Prin.Secy. Home Lko and Anr.

Allahabad HC27 Feb 2024A482/1815/2024

Case brief

AI extract

What is this about?

The High Court quashed criminal proceedings under Sections 323, 504, and 506 IPC initiated against the applicants. The court noted that the parties had amicably settled their dispute and filed a verified compromise deed before the trial court, relying on various Supreme Court precedents regarding settlement in cognizable offences.

What did the court decide?

The entire proceedings of Case No. 43364 of 2023 arising from Crime No. 696 of 2020 under Sections 323, 504, 506 IPC are quashed.

Mo. Sanawor and Ors. vs State of U.P. Thru Prin.Secy… — Quashing and FIR | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:46660

¶2

Court No. - 20

¶3

Case :- APPLICATION U/S 482 No. - 1815 of 2024

¶4

Applicant :- Mo. Sanawor And Ors. Opposite Party :- State Of U.P. Thru Prin.Secy. Home Lko And Anr.

¶5

Counsel for Applicant :- Ashok Kumar,Vimal Kumar Counsel for Opposite Party :- G.A.,Chandra Prakash,Susheel Kumar

¶6

Hon'ble Shekhar Kumar Yadav,J.

¶7

Heard learned counsel for the applicants, learned A.G.A. for the State, Mr Susheel Kumar, learned counsel for opposite party no.2 and perused the material available on record.

¶8

The instant application under Section 482 Cr.P.C. has been filed by the applicants for quashing the entire proceeding of Case No. 43364 of 2023 arising out of Case Crime No. 696 of 2020, (State Vs Sanawor and others), under Sections 323, 504, 506 IPC, P.S. Mariyaon, District Lucknow, on the basis of the compromise entered into between the parties.

¶9

The parties, out of their own free will, have settled their dispute amicably and in furtherance thereof, they have filed a compromise deed annexed as Annexure No. 4 to the application under Section 482 Cr.P.C. Thereafter, this Court, vide order 27.02.2024 has sent the said compromise deed to the trial court with a direction to get the same verified and submit a report.

¶10

Learned counsel for the parties have not disputed the fact that the parties have settled their dispute amicably and they have filed compromise deed before the trial court and the same has been verified by the trial Court, vide order dated 05.03.2024, kept on record of this case along with counter affidavit filed today and taken on record.

¶11

In the present case, the sections involved are Sections 323, 504, 506 IPC.

¶12

In compliance of the aforesaid order, the court below has verified the contents and parties of the compromise

¶13

deed and submitted his report dated 05.03.2024 to the extent that the parties and contents of the compromise deed are genuine and they have entered into the compromise by free-will.

¶14

Learned counsel for the opposite party no.2 has submitted that the parties in dispute are not interested to pursue the criminal case.

¶15

Therefore, in view of the above and considering the dictum of the Apex Court in re: B.S. Joshi and others Vs. State of Haryana and Another; 2003 (4) SCC 675, Gian Singh vs. State of Punjab (2012) 10 SCC 303; State of Rajasthan vs. Shambhu Kewat, (2014) 4 SCC 149; State of Madhya Pradesh vs. Deepak (2014) 10 SCC 285; State of Madhya Pradesh vs. Manish (2015) 8 SCC 307; J.Ramesh Kamath vs. Mohana Kurup (2016) 12 SCC 179; State of Madhya Pradesh vs. Rajveer Singh (2016) 12 SCC 471 and Parbatbhai Ahir vs. State of Gujarat (2017) 9 SCC 641 , the entire proceedings of Case No. 43364 of 2023 arising out of Case Crime No. 696 of 2020, (State Vs Sanawor and others), under Sections 323, 504, 506 IPC, P.S. Mariyaon, District Lucknow, are hereby quashed.

¶16

Accordingly, the instant petition is allowed.

¶17

Order Date :- 9.7.2024 RavindraKSingh

¶18

Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench

Mo. Sanawor and Ors. v. State of U.P. Thru Prin.Secy. Home Lko and Anr.

Case brief

What is this about?

What did the court decide?

Mo. Sanawor and Ors. v. State of U.P. Thru Prin.Secy. Home Lko and Anr.

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

All orders in this case

Similar cases

Pawan Verma @ Arvind Kumar Verma and Another vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Anurag Verma vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

X vs State of Up Others

Bacchan Alias Mohd. Nisar and 2 Others vs State of U.P. Thru. Prin. Secy. Home Lko.

Mehi Lal vs State of U.P. Thru. Prin.Secy. Home and 8 Others

Smt. Suman and Another vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another