Allowed

Javed Khan and 3 Others v. State of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. and Another

Allahabad HC14 May 2024A482/4391/2024

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. to quash criminal proceedings for offences under Sections 452, 323, 504, 506 and 427 IPC after parties settled their dispute by compromise verified by the trial court. Relying on Supreme Court precedent on quashing upon settlement, proceedings were quashed.

What the court decided

AI extract

Javed Khan and 3 Others vs State of U.P. Thru. Prin… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:36757

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 4391 of 2024

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Applicant :- Javed Khan And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. And Another Counsel for Applicant :- Saggir

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Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and Shri Vinod Kumar Tripathi, Advocate, who has filed Vakalatnama on behalf of respondent no.2, which is taken on record.

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Short Counter Affidavit filed by learned counsel for the respondent no.2 is taken on record.

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The present application under Section 482 Cr.P.C. has been filed by the applicants for quashing of the entire proceedings of Crl. Case No.3840 of 2024, State vs. Javed Khan and other, in Case Crime No.0079 of 2023 under Section 452, 323, 504, 506, 427 IPC, Police Station Bandhua Kala, district Sultanpur on the basis of compromise verification report dated 25.4.2024.

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Learned counsel for the applicants submits that the parties have amicably settled the dispute outside the court by way of compromise. The original/certified copy of the compromise dated 15.3.2024 is on record as Annexure-4 to the application. On the basis of the said compromise, earlier the applicants have filed Application U/S 482 No.2974 of 2024 before this court in which vide order dated 29.3.2024 the matter was sent to learned trial court for verification of compromise in the presence of parties.

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Further it has been submitted by learned counsel for the applicants that in compliance of order passed by this Court, parties had appeared before the trial court, who in the presence of the parties has verified the compromise entered between the parties vide its order dated 25.4.2024. The copy of the verification report is on record as Annexure-6 to the application.

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Learned counsel for respondent no.2 concedes the argument made by learned counsel for the applicants.

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Learned A.G.A. has also no objection if the impugned proceedings are quashed on the basis of the verified compromise.

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Learned counsel for the parties submits that in view of 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.

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In view of the fact that the parties have settled their dispute outside the Court by way of compromise and from perusal of the record it appears that the compromise has been verified by the trial court and the verification report is on record as well as considering the ratio laid down by the Hon'ble Supreme Court in the cases (supra), 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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Accordingly, the present petition is allowed and the entire proceedings of Crl. Case No.3840 of 2024, State vs. Javed Khan and other, in Case Crime No.0079 of 2023 under Section 452, 323, 504, 506, 427 IPC, Police Station Bandhua Kala, district Sultanpur, are hereby quashed.

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Order Date :- 14.5.2024 Madhu

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Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench

Javed Khan and 3 Others v. State of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. and Another

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Javed Khan and 3 Others v. State of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. and Another

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