Allowed

Tejendra Singh and Another v. State of Up and Another

Allahabad HC18 Jul 2024A482/9801/2024

Case brief

AI extract

What is this about?

The High Court quashed criminal proceedings following the verification of an amicable compromise between the parties. The court exercised its powers under Section 482 Cr.P.C. to allow the application, subject to the applicants depositing Rs. 5,000 with the District Legal Services Authority.

What did the court decide?

Quashing of entire proceedings subject to deposit of Rs.5000/- with District Legal Services Authority.

Tejendra Singh and Another vs State of Up and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:114115

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 9801 of 2024

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Applicant :- Tejendra Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aman Kumar Rai,Ashish Kumar Pandey,Ashok Kumar Rai

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Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Aman Kumar Rai, learned counsel for the applicants and Sri Birendra Pratap Singh, learned counsel for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicantsTejendra Singh and Kavindra Kumar, with the prayer to allow this application and quash the entire proceeding as well as charge-sheet dated 15.03.2016 & N.B.W. dated 14.12.2023 in Case No. 4289 of 2021 (State Vs. Tejendra and another) arising out of Case Crime No. 2226 of 2014, under Sections 420, 467, 468, 471 I.P.C., Police Station Tronika City, District Ghaziabad, pending in the court of Additional Civil Judge (J.D.), Court No.4, Ghaziabad, with a further prayer that proceeding of the aforesaid case be stayed during the pendency of the present application.

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The office vide its report dated 09.07.2024 reported that a report from the Additional Civil Judge (J.D.), Court No.4, Ghaziabad, has been received, wherein it has been stated that compromise between the parties has been verified vide its report dated 06.07.2024.

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Learned counsel for the applicants argued that the parties have settled the dispute amicably out of court and on the basis of compromise the applicants filed the present Criminal Misc. Application U/S 482 Cr.P.C. before this Court in which an order for verification of the compromise was passed on 03.06.2024. It is argued that in compliance of the said order, the parties have filed the order of this Court along with compromise application before the concerned court for its verification after which the concerned court has verified the said compromise vide its order dated 06.07.2024. It is argued that the opposite party no. 2 is not interested to pursue the matter pending in the trial court and is not inclined to give any evidence against the applicants and therefore the impugned proceedings be quashed on the ground of compromise between the parties.

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Learned counsel for the State could not dispute the fact that the matter has been

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amicably settled between the parties which was duly verified by the concerned trial court.

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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 entire proceedings of case as prayed for by the applicants.

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The present application is allowed.

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The entire proceedings of the said case are hereby quashed subject to the applicants depositing Rs.5000/- before the concerned trial court which shall be utilized by the District Legal Services Authority of the district.

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Order Date :- 18.7.2024 AS Rathore

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(Samit Gopal,J.)

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Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

Tejendra Singh and Another v. State of Up and Another

Case brief

What is this about?

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Tejendra Singh and Another v. State of Up and Another

Case brief

What is this about?

What did the court decide?

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