Dismissed

Nanda Rawat and Another v. State of U.P. and Another

Allahabad HC1 Oct 2024A482/18927/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings based on an out-of-court settlement, the High Court dismissed the application because the compromise has not yet been filed before the court below, deeming the application misconceived at this stage.

What did the court decide?

Application for quashing criminal proceedings dismissed as premature since compromise not filed before court below.

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

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Neutral Citation No. - 2024:AHC:160463

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 18927 of 2024

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Applicant :- Nanda Rawat And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukul Yadav,Rajesh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Rajesh Yadav, the learned counsel for applicants and the learned A.G.A. for State.

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Perused the record.

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Applicants-Nanda Rawat and Jagat Singh Rawat, who are charge sheeted accused, have approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:-

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"It is, therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash the entire proceeding of Case No.351 of 2024 arising out Case Crime No. 448 of 2023 (State Versus Smt. Nanda Rawat and another) Under Section 420,406,506,120-B I.P.C. Police Station Thakurdwara, District Moradabad pending in the court of Judicial Magistrate, Thakurdwara, Moradabad as well as charge sheet dated 20.01.2024 and Cognizance order dated 09.02.2024 passed by Judicial Magistrate, Thakurdwara, Moradabad.

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It is further be pleased to the stay the entire proceeding of Case No.351 of 2024 arising out Case Crime No. 448 of 2023 (State Versus Smt. Nanda Rawat and another) Under Section 420,406,506,120-B I.P.C. Police Station Thakurdwara, District Moradabad pending in the court of Judicial Magistrate, Thakurdwara, Moradabad as well as charge sheet dated 20.01.2024 and Cognizance order dated 09.02.2024 passed by Judicial Magistrate, Thakurdwara, Moradabad, otherwise applicants shall suffer irreparable loss and injury

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And/or pass such other and further order which this Hon'ble Court may deem fit and proper"

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At the very outset, the learned counsel for applicants contends that during the pendency of aforementioned criminal case, parties amicably settled their dispute outside the Court. On the basis of settlement arrived at between the parties, a compromise was entered into. Subsequently, the terms of compromise was reduced

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to writing. Photo copy of the said compromise has been brought on record as Annexure-5 to the affidavit filed in support of present application.

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At this juncture, the Court raised a pointed query as to whether the said compromise has been filed before Court below or not.

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Learned counsel for applicants fairly submits that the said compromise has not yet been filed before Court below.

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In view of above, the present application is wholly misconceived at this stage.

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It is, accordingly, dismissed as this stage.

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Order Date :- 1.10.2024 Vinay

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Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad

Nanda Rawat and Another v. State of U.P. and Another

Case brief

What is this about?

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Nanda Rawat and Another v. State of U.P. and Another

Case brief

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