Allowed

Amit Sharma @ Amit Kumar Sharma and 2 Others v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Allahabad HC12 Mar 2024A482/2122/2024

Case brief

AI extract

What is this about?

Applicants sought quashing of a charge sheet and summoning order under Sections 448, 452, 323, 506 IPC arising from a family property dispute. After the complainant's affidavit denying the incident, his death, and a compromise by his daughter, the court quashed the proceedings relying on Supreme Court precedents on compounding of non-compoundable offences through settlement.

What did the court decide?

Charge sheet no.01/18 dated 27.01.2018, summoning order dated 04.07.2018 and Criminal Case No.3195 of 2018 quashed.

Amit Sharma @ Amit Kumar Sharma and 2 Others vs State of… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:23028

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 2122 of 2024

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Applicant :- Amit Sharma @ Amit Kumar Sharma And 2 Others

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another

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Counsel for Applicant :- Amol Kumar Srivastava,Parvez Ahmad Siddiqui,Shivanshu Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Amol Kumar, the learned counsel for the applicants, Sri Anurag Verma, the learned A.G.A.-I appearing on behalf of the State and Sri Shivang Dwivedi, the learned counsel for the opposite party no.2.

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The learned counsel for the applicants has moved an application for replacing the name opposite party no.2/Late Ram Ashrey by deleting him and adding the name of Ankita Singh in his place.

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The application is allowed. The learned counsel for the applicants may incorporate the necessary corrections in the memo of application forthwith.

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By means of the instant application filed under Section 482 Cr.P.C. the applicants have sought for quashing of charge sheet no.01/18, dated 27.01.2018, summoning order dated 04.07.2018 along with Criminal Case No.3195 of 2018: State Vs. Amit Sharma and others, arising out of Case Crime No.498/17, under Sections 448, 452, 323, 506 I.P.C. Police Station Bazar Khala, District Lucknow pending in the court of learned Additional

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Chief Judicial Magistrate 4th, Lucknow.

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The complainant Ram Asrey, who is maternal grand father of applicant no.1 had filed F.I.R. No.498 of 2017 in Police Station Bazar Khala, District Lucknow on 07.11.2017 against the applicants alleging that the applicant no.1 was forcibly residing in a room of the house of the complainant and he and his brother in law (applicants no.2 and 3) had threatened him.

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However, subsequently the complainant had given an affidavit to the Investigating Officer stating that the dispute between the parties has been resolved and he did not want any action against the applicants. He categorically stated that no incident had taken place on 05.11.2017 as was registered in the F.I.R. Subsequently, the complainant died on 15.01.2023. The daughter of the complainant namely Ankita Singh entered into a compromise with the applicants on 27.01.2024 stating that there is no dispute between the parties and she does not want any proceedings continue against the applicants. The daughter of the complainant has filed a counter affidavit even before this court accepting the terms of the compromise and supporting the application. The complainant and the applicant no.1 being the maternal grand father and the maternal grand son and they having resolved the issues amicably and the complainant having given an affidavit that no such incident has taken place and the complainant's daughter entered into a compromise with the applicants and having accepting the terms and supporting the application, it is a fit case for quashing of the proceedings.

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Considering the the fact that the dispute between the parties is of private nature and it does not affect the public at large and the ratio laid down by the Supreme Court in the cases of 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,

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Manoj Sharma versus State and others : (2008) 16 SCC 1 , Gian Singh versus Station of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466 , it would be appropriate in the facts and circumstances of the case to quash the criminal proceedings as continuance of the proceedings in pursuance of the criminal proceedings would be an exercise in futility.

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In view of the fact that the parties have settled their dispute outside the Court by way of compromise arrived at between the parties and law laid down by the Supreme Court of India, the present petition is allowed and proceedings of impugned charge sheet no.01/18, dated 27.01.2018, summoning order dated 04.07.2018 along with Criminal Case No.3195 of 2018: State Vs. Amit Sharma and others, arising out of Case Crime No.498/17, under Sections 448, 452, 323, 506 I.P.C. Police Station Bazar Khala, District Lucknow pending in the court of learned Additional Chief Judicial Magistrate 4th, Lucknow are hereby quashed.

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(Subhash Vidyarthi, J.)

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Order Date :- 15.3.2024 Ram.

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

Amit Sharma @ Amit Kumar Sharma and 2 Others v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

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Amit Sharma @ Amit Kumar Sharma and 2 Others v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Case brief

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