Allowed

Usman Ali and Another v. State of Up and Another

Allahabad HC21 Sept 2024A482/3338/2024

Case brief

AI extract

What is this about?

Criminal Misc. Application under Section 482 Cr.P.C. filed to quash criminal proceedings and summoning order based on a verified compromise between parties. Court held compromise valid and quashed proceedings.

What did the court decide?

Application allowed; entire proceedings of complaint case quashed subject to deposit of Rs. 10,000 by applicants before trial court for legal services authority.

Usman Ali and Another vs State of Up and… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:154263

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 3338 of 2024

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Applicant :- Usman Ali And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rupendra Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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Heard Sri Rupendra Kumar Mishra, learned counsel for the applicants and Sri Triveni Sharan Rai, 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 applicantsUsman Ali and Mohd. Kaif, with the prayer to allow this application and quash the entire proceeding as well as summoning order dated 25.02.2022 in Complaint Case No. 15644 of 2021 (Smt. Asma Vs. Usman and others), under Sections 452, 323, 354-B, 504 I.P.C., Police Station Mundha Panday, District Moradabad, pending in the court of Additional Chief Judicial Magistrate, Court No.5, Moradabad in terms of compromise dated 18.10.2023 between the parties with a further prayer that proceeding of the aforesaid case be stayed during the pendency of the present application.

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The office vide its report dated 31.08.2024 reported that a report from the Chief Judicial Magistrate, Moradabad duly forwarded by District Judge, Moradabad has been received, wherein it has been stated that compromise between the parties has been verified vide its report dated 30.08.2024.

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Learned counsel for the applicants argued that the parties have settled the dispute amicably out of court and on the basis of compromise the applicants filed the present Criminal Misc. Application U/S 482 Cr.P.C. in which an order for verification of the compromise was passed on 27.02.2024 by a co-ordinate Bench of this Court. 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 30.08.2024. 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 applicants and therefore the impugned proceedings be quashed on the ground of compromise between the parties.

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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 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 applicants.

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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 applicants depositing Rs. 10,000/- before the concerned trial court which shall be utilized by the District Legal Services Authority of the district.

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Order Date :- 21.9.2024 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

Usman Ali and Another v. State of Up and Another

Case brief

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Usman Ali and Another v. State of Up and Another

Case brief

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