The Allahabad High Court quashed criminal proceedings against the applicant under Sections 323/406/498A/504/506 IPC and DP Act after accepting a settlement between the applicant and the victim, applying precedent regarding settlement in criminal cases.
Proceedings of crime No. 517/2021 are quashed.
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Neutral Citation No. - 2024:AHC-LKO:39058
Court No. - 15
Case :- APPLICATION U/S 482 No. - 4175 of 2024
Applicant :- Nishant Sharma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Atul Verma,Akhilendra Pratap Singh,Mohd Agha Haider Rizvi,Vinod Kumar Yadav Counsel for Opposite Party :- G.A.,Atharva Arya,Shri Kishan Prajapati
Hon'ble Karunesh Singh Pawar,J.
Heard Sri Atul Verma, learned counsel for the petitioner, learned A.G.A. for the State-respondent No.1 as well as Sri Atharva Arya, learned counsel for respondent No.2.
It has been argued by parties that earlier a petition was filed by Vaibhav Sinha and 2 others numbered as Application U/S 482 No.11738 of 2023 whereby the dispute between those petitioners and respondent No.2 here was amicably settled by way of an agreement dated 28.03.2024 and on the basis of settlement agreement, proceedings qua those petitioners were quashed with consent of respondent No.2.
The present matter was taken up on the last date i.e. 13.05.2024 and the following order was passed:-
"Heard learned counsel for the petitioner as well as learned AGA for the State and learned counsel for respondent no. 2.
Leaned counsel for the petitioner submits that the impugned proceedings qua the co-accused namely Vaibhav and two others have been quashed on the basis of the settlement arrived between the parties vide judgment and order dated 02.12.2023 passed in Application U/S 482 No. 11738 of 2023 "Vaibhav Sinha and two others Vs. State of U.P. and another".
It has been further submitted that the petitioner was not party/signatory to the settlement/agreement. He also submits
that respondent no. 2 does not wish to press any charges against the petitioners as they have orally settled the matter outside the Court.
Shri Atharva Arya, learned counsel for respondent no. 2 does not dispute this fact. He prays for and is granted a week's time to file an affidavit to the effect that respondent no. 2 has settled the matter with the petitioner so that the impugned proceedings of crime No. 517/2021, under Sections 323/406/498A/504/506 IPC and Section 3/4 of D.P. Act, P.S. Gomti Nagar, District Lucknow are quashed.
Put up on 22.05.2024 as fresh.
Till the next date of listing, the proceedings of case crime No. 517/2021, under Sections 323/406/498A/504/506 IPC and Section 3/4 of D.P. Act, P.S. Gomti Nagar, District Lucknow are stayed. "
In compliance of the aforesaid order, a short counter affidavit has been filed today by respondent No.2, the same is taken on record. It has been averred in the short counter affidavit that the proceedings in Application U/S 482 No.11738 of 2023 have been quashed qua the main accused persons namely, Vaibhav Sinha and 2 others vide judgment and order dated 08.05.2024. The present accused petitioner is brother-in-law (nandoyi) of the respondent No.2. Respondent No.2 has amicably settled the dispute with the present petitioner also and she has no objection in case, the present petition is allowed and impugned proceedings are quashed for the present petitioner.
Considering the submissions advanced by the parties, short counter affidavit filed today so also the judgment of this Court dated 08.05.2024 passed in Application U/S 482 No.11738 of 2023 and also considering the judgments of Hon'ble Apex Court in 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, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus State of Punjab:
(2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466 , the proceedings pending before learned trial court are liable to be quashed and are hereby quashed.
Accordingly, the application stands allowed.
Order Date :- 22.5.2024 Saurabh Yadav/-
Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether criminal proceedings against the applicant can be quashed in light of a separate settlement between the principal accused and the victim.
Whether the applicant, who is a brother-in-law of the victim and settled the matter amicably, is eligible for quashing of proceedings under Section 482 CrPC.
Colour shows how this judgement treated each authority
B. S. Joshi and others versus State of Haryana and anotherApplied¶17
B. S. Joshi and others versus State of Haryana and another : (2003) 4 SCC 675 · Who else cites this
Nikhil Merchant versus C.B.I. and anotherApplied¶17
Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677 · Who else cites this
Manoj Sharma versus State and othersApplied¶17
Manoj Sharma versus State and others : (2008) 16 SCC 1 · Who else cites this
Gian Singh versus State of PunjabApplied¶17
Gian Singh versus State of Punjab: (2010) 15 SCC 118 · Who else cites this
Narinder Singh and others versus State of Punjab and anotherApplied¶17
Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466 · Who else cites this
3 provisions across 3 enactments
Nishant Sharma
State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.
State Of U.P. Thru. Another
Karunesh Singh Pawar
Saurabh Yadav
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
