Allowed

Yasoob Abbas and 6 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC19 Dec 2024A482/8379/2024

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. application, the Allahabad High Court was asked to quash a charge-sheet and related orders in a criminal case. The court observed that a compromise had been effected between the parties and verified by the trial court. Relying on precedents regarding settlement-based quashing, the court allowed the application.

What did the court decide?

The charge-sheet dated 30.09.2014, the order dated 06.12.2014 taking cognizance, and the entire proceedings in pursuance thereof are quashed.

Yasoob Abbas and 6 Others Vs State of U.P. Thru. Prin… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:86183

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 8379 of 2024

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Applicant :- Yasoob Abbas And 6 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Gauri Suwan Pandey,Akshay Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Vakalatnama filed by Md. Fahim, Advocate on behalf of the opposite party No.2 is taken on record.

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Heard learned counsel for the applicants, 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 by the applicant mentioning therein following prayer:-

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"It is therefore most humbly and respectfully prayed that this Hon'ble Court may kindly be pleased to allow this petition Under 482 Cr.P.C. being filed for quashing of order dated 05.08.2024 and chargsheet dated 30.09.2014 including order dated 06.12.2014 taking cognizance and summoning order passed as well as order dated 05.08.2024 by Additional Chief Judicial Magistrate, fourth, Lucknow, in case State Versus Shafi Haider an others arising out of case no. 4501617/2014 Crime No.: 227/2013 U/S 395,397 I.P.C P.S. Bazar Khala District Lucknow. 1,2,&3 to this petition."

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Learned counsel for the applicants as well as learned counsel for opposite party No.2 jointly submitted that vide order dated 30.07.2024, a direction was given to the trial court to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned trial court had verified the contents of compromise.

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Learned counsel for the applicants and learned counsel for opposite party no. 2 jointly submitted that the parties have entered into compromise, which has duly been verified by the trial court vide report/order dated 05.08.2024.

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Learned A.G.A. has fairly conceded that compromise has been effected between the parties and the same has duly been

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verified by the trial court.

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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 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 is purely of personal nature, which has been mutually settled between the parties by way of the compromise, therefore, no useful purpose would be served in proceeding with the matter further.

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For the discussions made above, the present application is allowed . The charge-sheet dated 30.09.2014 as well as the order dated 06.12.2014 passed by learned trial Court and entire proceedings in pursuance thereof are hereby quashed .

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Office is directed to communicate this order to learned trial Court, forthwith.

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Order Date :- 19.12.2024 Arpan

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

Yasoob Abbas and 6 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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Yasoob Abbas and 6 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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