Allowed

Mohit Arora v. State of U.P. and Another

Allahabad HC25 Nov 2024A482/18688/2024

Case brief

AI extract

What is this about?

This High Court allowed a Section 482 Cr.P.C. application to quash criminal proceedings based on an amicably settled dispute verified by the trial court, subject to the applicant depositing a sum for legal aid.

What did the court decide?

Quashing of entire proceedings in Criminal Case No. 5071 of 2023 subject to applicant depositing Rs.20,000/- with District Legal Services Authority.

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

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Neutral Citation No. - 2024:AHC:184197

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 18688 of 2024

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Applicant :- Mohit Arora Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vikas Chauhan Counsel for Opposite Party :- Dhiraj Kumar Pandey,G.A.

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Hon'ble Samit Gopal,J.

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Heard Sri Vikas Chauhan, learned counsel for the applicant, Sri Dhiraj Kumar Pandey, learned counsel for the opposite party no.2 and Sri Bade Lal Bind, learned counsel for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicant- Mohit Arora, with the prayer to allow this application and quash the entire proceeding as well as summoning order dated 07.04.2023 in Criminal Case No. 5071 of 2023 (State Vs. Mohit Arora), under Sections 420, 406, 323, 452, 342, 504, 506 I.P.C., Police Station Qutub Sher, District Saharanpur, pending in the court of Chief Judicial Magistrate, Saharanpur, with a further prayer that proceeding of the aforesaid case be stayed during the pendency of the present application.

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Learned counsel for the applicant argued that the parties have settled the dispute amicably out of court and on the basis of compromise the applicant filed the Criminal Misc. Application U/S 482 Cr.P.C. 2952 of 2024 (Mohit Arora Vs. State of U.P. and another) before this Court in which an order for verification of the compromise was passed on 14.03.2024. It is argued that in compliance of the said order, the parties have filed the order of this Court along with compromise application before the concerned court for its verification after which the concerned court has verified the said compromise vide its order dated 07.04.2024. 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 applicant and therefore the impugned proceedings be quashed on the ground of compromise between the parties.

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Learned counsel for the opposite party no.2 and learned counsel for the State 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; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj

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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 entire proceedings of case as prayed for by the applicant.

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The present application is allowed .

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The entire proceedings of the said case are hereby quashed subject to the applicant depositing Rs.20,000/- before the concerned trial court which shall be utilized by the District Legal Services Authority of the district.

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Order Date :- 25.11.2024 AS Rathore

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(Samit Gopal,J.)

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Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

Mohit Arora v. State of U.P. and Another

Case brief

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Mohit Arora v. State of U.P. and Another

Case brief

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