Allowed

Chandan Balmik and Another v. State of U.P. and 2 Others

Allahabad HC4 Sept 2024A482/29599/2024

Case brief

AI extract

What is this about?

The High Court quashed criminal proceedings arising from a case involving Sections 504, 506 IPC and Section 67 IT Act after finding an amicable compromise between the applicants and the victim. The court held that continuing the trial served no fruitful purpose and would waste judicial time given the bleak chances of conviction.

What did the court decide?

Quashing of entire proceedings of Criminal Case No.341 of 2023.

Chandan Balmik and Another vs State of U.P. and 2 Others — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:146777

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 29599 of 2024

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Applicant :- Chandan Balmik And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Naresh Chandra Pal Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicants and learned A.G.A for the State and perused the material on record.

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The instant application has been preferred with the prayer to quash the entire proceedings including charge sheet dated 14.07.2023 as well as cognizance order dated 31.07.2023 passed in Criminal Case No.341 of 2023, titled as, State Vs. Vikram Balmil and others, arising out of Case Crime No.209 of 2023, under Sections 504, 506 I.P.C. and Section 67 of I.T. Act, Police Station Kalpi, District Jalaun pending in the Court of Additional Session Judge/F.T.C. (Offences against Women), Jalaun at Orai.

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Learned counsel for the applicants submits that the instant application has been filed on the basis of compromise entered into between the applicants and victim- opposite party no.3. The parties have settled their dispute outside the court and compromised the matter. The copy of the compromise deed has been annexed as Annexure-7 to the application. It is further submitted that since parties have settled the dispute, victim-opposite party no.3 does not want to proceed with trial, therefore, no fruitful purpose would be served by keeping the matter pending.

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Per contra, learned A.G.A. submits that since the dispute

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between the parties has been settled and victim-opposite party no.3 has no objection, therefore, the proceedings of the aforesaid case, pending before the trial court, be quashed.

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I have considered the submissions made by the learned counsel for the parties, and have gone through the entire record.

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Since the dispute between the parties has been amicably settled, no fruitful purpose would be served by permitting to continue the criminal case pending before the trial court and it would simply a waste of judicial time as chances of conviction are very bleak.

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In such circumstances, the entire proceedings of Criminal Case No.341 of 2023, titled as, State Vs. Vikram Balmil and others, arising out of Case Crime No.209 of 2023, under Sections 504, 506 I.P.C. and Section 67 of I.T. Act, Police Station Kalpi, District Jalaun, pending in the court of Additional Session Judge/F.T.C. (Offences against Women), Jalaun at Orai, against the applicants, are hereby quashed.

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The instant petition stands allowed , accordingly.

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Order Date :- 4.9.2024 Imtiyaz

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Justice Vinod Diwakar

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Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad

Chandan Balmik and Another v. State of U.P. and 2 Others

Case brief

What is this about?

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Chandan Balmik and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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