Allowed

Waseem Raja and Another v. State of U.P. and Another

Allahabad HC1 Oct 2024A482/7620/2024

Case brief

AI extract

What is this about?

This court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings based on a settlement reached between the applicants and the respondents through the court's mediation centre. The entire proceeding and charge sheet were quashed subject to the deposit of Rs. 10,000 with the District Legal Services Authority.

What did the court decide?

Quashed the entire proceeding, charge sheet No. 691/2022, and cognizance/summoning order dated 13.04.2023, subject to deposit of Rs. 10,000 before the trial court.

Waseem Raja and Another vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:160474

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 7620 of 2024

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Applicant :- Waseem Raja And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hina Shafiq,Rizwan Ahmad(Qureshi) Counsel for Opposite Party :- G.A.,S.P.S. Chauhan,Sukhendra Singh

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Hon'ble Samit Gopal,J.

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Heard Ms. Hina Shafiq, learned counsel for the applicant(s), Sri Sukhendra Singh, learned counsel for the opposite party no.2 and Sri Bade Lal Bind, learned counsel for the State and perused the records.

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The present application under Section 482 Cr.P.C. has been filed by the applicants Waseem Raja and Shavez Khan with the prayer to allow the present application and quash/set aside the impugned charge sheet No. 691/2022 dated 18.12.2022 and the cognizance/summoning order dated 13.04.2023 passed by learned CJM, Lalitpur as well as the entire proceeding of Criminal Case No. 3068 of 2023 (State Vs. Waseem Raja and others), pending in the court of CJM, Lalitpur, under Sections 420, 406, 506 IPC arising out of Case Crime No. 664/2022, Police Station Kotwali Lalitpur, District Lalitpur and with the further prayer to stay the further proceedings of aforesaid case, during the pendency of present application.

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The matter was referred to the Mediation Centre of this Court vide order dated 11.03.2024 for making an effort between the parties for settling their disputes amicably.

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As per report of Mediation Centre dated 04.07.2024 the parties have amicably settled their dispute and agreed to withdraw the cases going on between them in view of settlement agreement dated 04.07.2024.

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As per the office report dated 07.09.2024, a report from the Mediation Centre of this Court is on record.

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From perusal of the report of Mediation Centre of this Court, it appears that in pursuance of the said order the mediation

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proceedings were taken up which ended in a settlement dated 04.07.2024 between the parties and the Mediation succeeded. The parties have settled their grievances and even the dispute arising in the present matter. The parties have agreed to withdraw the cases going on between them, the said fact is mentioned in para 7-f of the said mediation report.

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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 proceedings as prayed for by the applicant(s).

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The present application is allowed .

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The entire proceeding, charge sheet No. 691/2022 dated 18.12.2022 and the cognizance/summoning order dated 13.04.2023 of the aforesaid 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 :- 1.10.2024 M. ARIF

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(Samit Gopal, J.)

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Waseem Raja and Another v. State of U.P. and Another

Case brief

What is this about?

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Waseem Raja and Another v. State of U.P. and Another

Case brief

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