Allowed

Chandresh Pratap Singh and Others v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Allahabad HC6 Sept 2024A482/7950/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed S. 482 Cr.P.C. application to quash criminal proceedings involving multiple IPC offences, including rape and assault. The court relied on a verified post-FIR compromise dated 03.02.2024, citing the minimal chance of conviction and quoting various Supreme Court precedents.

What did the court decide?

The entire criminal proceedings arising out of FIR Number/Case Crime Number are quashed qua the applicant(s).

Chandresh Pratap Singh and Others vs… — Contract and Commercial Disputes | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:61647

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 7950 of 2024

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Applicant :- Chandresh Pratap Singh And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another

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Counsel for Applicant :- Ramesh Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the applicants, learned AGA for the State and Sri Manoj Kumar Tripathi, Advocate, who has put in appearance and has filed his Vakalatnama on behalf of opposite party no. 2, which is taken on record.

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The present application has been filed with a prayer to quash the entire proceedings of Case No. 516/2023 (State Vs. Chandresh Pratap Singh and Others:, arising out of impugned charge-sheet No. 01/2022 dated 19.08.2022, under Sections 452, 147, 323, 427, 504 IPC at Police Station Colonelganj, District Gonda, arising out of Case Crime No. 0049/2022, under Sections 452, 147, 323, 376, 395, 427 IPC at Police Station Colonelganj, District Gonda on the basis of compromise dated 03.02.2024 entered into between the parties.

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It appears that after considering the averments made in the Application U/S 482 Cr.P.C. No. 1814 of 2024 and the documents in support thereof as also the submissions made by the learned counsel for the applicant, this Court vide order dated 08.08.2024 referred the matter to the concerned court for the purpose of verification of the compromise entered into between the parties.

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It appears from the order dated 22.08.2024 (Annexure No. 4) that the Chief Judicial Magistrate, Gonda has verified the compromise, mentioning therein that the parties were present and they have admitted that they have entered into an agreement voluntarily and their signatures have been verified by their respective counsels before the court.

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Considering the aforesaid as also the submissions made by learned Counsel for the parties as also the observations made by Apex Court in the case of Ramgopal and others Vs. State of Madhya Pradesh, (2022) 14 SCC 531, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P.,

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2022 SCC Online ALL 106, Gold Quest International Ltd. Vs. State of Tamilnadu, 2014 (15) SCC 235, B.S. Joshi Vs. State of Haryana, 2003 (4) SCC 675, Jitendra Raghuvanshi Vs. Babita Raghuvanshi, 2013(4) SCC 58, Madhavarao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre, 1988 1 SCC 692, Nikhil Merchant Vs. C.B.I. and another, 2008(9) SCC 677, Manoj Sharma Vs. State and others, 2008(16) SCC 1, State of M.P. Vs. Laxmi Narayan and others, 2019(5) SCC 688, Narindra Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466, Manoj Kumar and others Vs. State of U.P and others (2008) 8 SCC 781, Union Carbide Corporation and others Vs. Union of India and others (1991) 4 SCC 584, Manohar Lal Sharma Vs. Principal Secretary and others (2014) 2 SCC 532 and Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409 as also the nature of dispute/crime, this Court is of the view that the present application is liable to be allowed as chances of ultimate conviction are extremely bleak and hence no useful purpose would be served by allowing the criminal proceedings to continue. Accordingly, present application is allowed . Consequently, the entire proceedings arising out of FIR Number/Case Crime Number, quoted above, are hereby quashed qua the applicant(s).

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Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance.

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Order Date :- 6.9.2024 (Manoj K.)

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Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Chandresh Pratap Singh and Others v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

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Chandresh Pratap Singh and Others v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

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