Allowed

Narendra Yadav@ Lakhan Singh v. State of U.P. and Another

Allahabad HC18 Nov 2024A482/30141/2024

Case brief

AI extract

What is this about?

This High Court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings arising from a specific FIR after verifying that a genuine compromise had been entered into between the parties. The court quashed the proceedings affecting the applicant based on the compromise.

What did the court decide?

Quashing of entire proceedings of Case Crime No. 235 of 2022 under relevant IPC sections and the charge sheet dated 24.01.2022 and cognizance/summoning order dated 14.02.2022.

Narendra Yadav@ Lakhan Singh vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:179926

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 30141 of 2024

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Applicant :- Narendra Yadav@ Lakhan Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- G.A.,Ram Naresh Singh

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Hon'ble Vikas Budhwar,J.

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Vakalatnama filed by Sri Anuj Dutta on behalf of opposite party No. 2, is taken on record.

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Heard. Sri Ram Naresh Singh, learned counsel for the applicant, Sri Pankaj Kumar Rai, State Law Officer for respondent No. 1- State and Sri Anuj Dutta who has filed his Vakalatnama on behalf of opposite party No. 2.

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This Court on the earlier occasion in application under Section 482 No. 8225 of 2024 (Narendra Yadav @ Lakhan Singh Vs. State of U.P. & others) proceeded to pass the following orders on 23.05.2024.-

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"1. Sri Raj Nath Yadav, Advocate, has entered appearance and filed his Vakalatnama on behalf of the opposite party no. 2. The same is taken on record.

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2. Heard learned counsel for the applicant, Sri Neeraj Kumar Sharma, learned A.G.A. for the State-opposite party no. 1, and Sri Raj Nath Yadav, learned counsel for the opposite party no. 2.

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3. The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Case No. 235 of 2022, State v. Narendra Yadav @ Lakhan Singh, arising out of Case Crime No. 98 of 2021, under Sections 406, 420, 467, 468, 471, 504, 506 I.P.C., Police Station Kotwali Orai, District Jalaun pending in the Court of the Chief Judicial Magistrate, Jalaun at Orai as well as charge-sheet dated 24.01.2022 and the cognizance/ summoning order dated 14.02.2022 passed in the said case.

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4. Learned counsel for the applicant submits that the parties have reconciled their differences and a compromise has been entered between them, copy of the compromise deed dated 27.02.2024 has been annexed as Annexure-4 to the affidavit, wherein it has been mentioned that opposite party no. 2 does not want to press the case. Therefore, no useful purpose would be served in continuing the proceedings before the Court concerned and the same is not only sheer wastage of time of the Court but also abuse of process of law. 5. Learned counsel for the opposite party no. 2 does not dispute the

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submissions advanced by the learned counsel for the applicant or the correctness of the documents relied upon by him. He submits that he has no objection if the proceedings are quashed.

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6. Learned AGA, however, submits that it is the concerned court, which has to verify the fact as to whether the parties have entered into compromise, hence the applicant may approach the concerned court and move an application with respect to compromise between the parties, which will be decided in accordance with law.

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7. In view of the above, both the parties are directed to appear before the court concerned along with an application for verification of compromise deed so filed as well as a certified copy of this order within three weeks from today. It is expected that the trial court may fix a date for the verification of the compromise and after ensuring the presence of parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of three months from today. While passing the order verifying the compromise, the concerned court shall also record the statement of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not.

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8. The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicant to approach this Court again for quashing of the proceedings.

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9. Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the applicant in the aforesaid case.

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10. With the aforesaid directions, this application is finally disposed of."

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Thereafter, the Court of Judicial Magistrate, Jalaun at Orai in the proceedings in Case Crime No. 235 of 2022 in Case Crime No. 98 of 2021 has passed an order after verifying the compromise it has come to the opinion that it is genuine.

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Prayer in the present application is for quashing of the entire proceedings in Case Crime No. 235 of 2022 (State Vs. Narendra Yadav @ Lakhan Singh), pending in the Court of Chief Judicial Magistrate, Jalaun at Orai, arising out of Case Crime No. 98 of 2021, under Section 406, 420, 467, 468, 471, 504, 506 I.P.C., Police Station Kotwali Orai, District Jalaun, on the basis of compromise as well as quashed the charge sheet dated 24.01.2022 and cognizance/summoning order dated 14.02.2022 passed on it.

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A joint statement has been made by the learned counsel for the applicant as well as counsel for the opposite party No. 2 that since the matter stands compromised that there is no reason to proceed with the criminal case.

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Learned AGA has also no objection to the same.

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Accordingly, the present application is allowed while quashing the entire proceedings of Case Crime No. 235 of 2022 (State Vs. Narendra Yadav @ Lakhan Singh), pending before the Court of Chief Judicial Magistrate, Jalaun at Orai, arising out of Case Crime No. 98 of 2021, under Sections 406, 420, 467, 468, 471, 504, 506 I.P.C., Police Station Kotwali Orai, District Jalaun, as well as the summoning charge sheet dated 24.01.2022 and cognizance/summoning order dated 14.02.2022 passed on the basis of compromise insofar as it pertains to the applicant.

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Order Date :- 18.11.2024 Rajesh

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

Narendra Yadav@ Lakhan Singh v. State of U.P. and Another

Case brief

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Narendra Yadav@ Lakhan Singh v. State of U.P. and Another

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