Allowed

Sandeep Sharma @ Sandeep Kumar Sharma and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Allahabad HC12 Dec 2024A482/8581/2024

Case brief

AI extract

What is this about?

Application under Section 482 CrPC to quash a criminal case under Sections 323, 354, 427, 504, 506 IPC. The parties' compromise was verified by the Senior Registrar. Relying on precedent on quashing proceedings after settlement in matters of personal nature, the court allowed the application and quashed the proceedings.

What did the court decide?

Entire criminal proceeding of Criminal Case No.8682 of 2022 quashed.

Sandeep Sharma @ Sandeep Kumar Sharma and 2 Others Vs… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:83506

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 8581 of 2024

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Applicant :- Sandeep Sharma @ Sandeep Kumar Sharma And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another

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Counsel for Applicant :- Vijayendra Prakash Tripathi,Akhil Bhatt Counsel for Opposite Party :- G.A.,Mohd Waris Farooqui,Mohd. Waris Farooqui

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Hon'ble Rajeev Singh,J.

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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 for quashing the entire criminal proceeding of Criminal Case No.8682 of 2022 arising out of Case Crime No.154/2021 under Sections 323, 354, 427, 504, 506 I.P.C., Police Station Kaiserbagh, District Lucknow.

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Learned counsel for the applicants as well as opposite party No.2 jointly submitted that vide order dated 23.9.2024 a direction was given to the Senior Registrar of this Court to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, the Senior Registrar verify the contents of compromise and it was duly verified.

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Learned counsel for the applicant and learned counsel for opposite party no. 2 jointly submitted that the parties have entered into compromise, which has duly been verified by the Senior Registrar of this Court vide report dated 25.9.2024.

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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 verified by the Senior Registrar of this Court.

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Hon'ble Apex Court in catena of decisions has

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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 and entire criminal proceeding of Criminal Case No.8682 of 2022 arising out of Case Crime No.154/2021 under Sections 323, 354, 427, 504, 506 I.P.C., Police Station Kaiserbagh, District Lucknow, is hereby quashed .

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Office is directed to communicate this order to the court below, forthwith.

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Order Date :- 12.12.2024 Gaurav/-

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

Sandeep Sharma @ Sandeep Kumar Sharma and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Case brief

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Sandeep Sharma @ Sandeep Kumar Sharma and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Case brief

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