Allowed

Ashok Kumar and Others v. State of U.P. Thru. the Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC23 Jul 2024A482/6389/2024

Case brief

AI extract

What is this about?

Applicants sought quashing of criminal proceedings arising out of a 2023 FIR for rioting, hurt, house-trespass and intimidation after the parties settled their dispute through mediation before the Court's Mediation and Conciliation Centre.

What did the court decide?

Entire criminal proceedings of Criminal Case No.3046 of 2024 (Case Crime No.230 of 2023) quashed.

Ashok Kumar and Others vs State of U.P. Thru. the Prin… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:76724

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 6389 of 2024

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Applicant :- Ashok Kumar And Others Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Arvind Kumar Verma,Harish Kumar,Navneet Mishra Counsel for Opposite Party :- G.A.,Bishnu Kumar Verma,Vashu Deo Mishra

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State of U.P., learned counsel for the opposite party no. 2 and perused the record.

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This application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceedings of Criminal Case No.3046 of 2024 arising out of Case Crime No.230 of 2023, under Sections 147, 323, 457, 504, 506 I.P.C., Police Station Gola, District Kheri.

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It has been contended by learned counsel for the applicant that there is dispute between the parties. This court vide order dated 23.7.2024 had referred the matter to the Mediation and Conciliation Centre of this Court where settlement agreement had arrived on 5.11.2024 between the parties, it is on record. The parties have amicably settled their dispute and further agreed to withdraw the cases going on between them. The said fact has been mentioned in para 6 of the settlement agreement dated 5.11.2024.

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Hon'ble Apex Court in catena of decisions has held that inherent power can be used to do real and substantial justice as has been held in Gian Singh Vs State of Punjab, 2012 AIR SCW 5333, B.S. Joshi and others Vs State of Haryana, (2003) 3 SCC 675 and Narinder Singh Vs State of Punjab, (2014) 6 SCC 466 . Hence, inherent power can be exercised to speed up the process of ending the criminal proceedings where the settlement is arrived at between the

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parties.

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In view of the aforesaid and the fact that parties do not want to pursue the case any further, the matter has been mutually settled between the parties by way of the mediation, therefore, no useful purpose would be served in proceeding with the matter further.

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Considering the facts and circumstances of the case and taking into account the settlement agreement arrived at between the parties on 5.11.2024 before the Mediation and Conciliation Centre of this Court, the present application is allowed and the entire criminal proceedings of Criminal Case No.3046 of 2024 arising out of Case Crime No.230 of 2023, under Sections 147, 323, 457, 504, 506 I.P.C., Police Station Gola, District Kheri is hereby quashed .

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Order Date :- 20.11.2024 Gaurav/-

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Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench

Ashok Kumar and Others v. State of U.P. Thru. the Prin. Secy. Home Deptt. Lko. and Another

Case brief

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Ashok Kumar and Others v. State of U.P. Thru. the Prin. Secy. Home Deptt. Lko. and Another

Case brief

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