Allowed

Prince Kumar @ Prince Anand v. State of U.P. and 2 Others

Allahabad HC12 Aug 2024CRLP/13897/2024

Case brief

AI extract

What is this about?

The High Court quashed the First Information Report registered under Sections 420, 406 IPC against the petitioner. The settlement between parties, evidenced by an agreement and office report showing peaceful resolution of differences, rendered the complaint instrument superfluous under established Supreme Court precedents regarding compromise in criminal cases. The matter was allowed.

What did the court decide?

The impugned First Information Report dated 06-01-2024 registered as Case Crime No. 0002 of 2024 under Sections 420, 406 IPC is hereby quashed.

Prince Kumar @ Prince Anand vs State of U.P. and 2 Others — Quashing and FIR | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:178643-DB

¶2

Court No. - 42

¶3

Case :- CRIMINAL MISC. WRIT PETITION No. - 13897 of 2024

¶4

Petitioner :- Prince Kumar @ Prince Anand Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Kumar Counsel for Respondent :- G.A.,Jai Raj

¶5

Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

¶6

Heard Arvind Kumar, learned counsel for the petitioners and Sri G.P. Singh, learned A.G.A.-1 appearing for the State respondents.

¶7

This writ petition has been filed praying to quash the impugned First Information Report dated 06-01-2024 registered as Case Crime No. 0002 of 2024, under Sections 420, 406 IPC, P.S. Pinahat, District Agra.

¶8

Vide order dated 12-08-2024 the matter was referred to the mediation centre.

¶9

Perused the office report dated 13-11-2024 and the settlement agreement dated 01-10-2024 which indicates that matter has been peacefully settled between the parties and they have settled their differences on the terms mentioned in paragraph 7 of the settlement agreement dated 01-10-2024. The paragraph 7 is quoted as under:-

¶10

"7. The following settlement has been arrived at between the parties hereto:-

¶11

a) That the parties have settled their dispute on the condition that the Petitioner- Prince Kumar @ Prince Anand shall pay an amount of Rs.2,24,000/- (Rupees Two Lakh Twenty Four Thousand only) to the Respondent No. 3- Shivam Baghel which includes the amount of Rs.20,000/(Rs. Twenty Thousand Only) deposited with the Mediation Centre in the present case as per the Hon'ble Court dated 12.08.2024.

¶12

b) That it has been agreed between the parties that on the next date fixed i.e. 15.10.2024 Prince Kumar @ Prince Anand (petitioner) shall bring a demand draft of Rs.2,04,000/- (Rs. Two Lakh Four Thousand only) in favour of respondent no. 3 and the same shall be handed over to the respondent no. 3 on the same day.

¶13

c) That it has also been agreed between the parties that as per the Hon'ble Court's order dated 12.08.2024, the adjusted amount i.e. Rs.20,000/- (Rs. Twenty Thousand only) which is deposited with the mediation centre, shall be

¶14

released at the time of final settlement agreement.

¶15

d) That it has also been agreed between the parties that all the cases filed by them against each other shall be kept in abeyance during this intervening period."

¶16

It is submitted that as between the parties compromise had already taken place therefore, the impugned First Information Report dated 06-01-2024 registered as Case Crime No. 0002 of 2024, under Sections 420, 406 IPC, P.S. Pinahat, District Agra is liable to be quashed.

¶17

Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana), J.T. 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of investigation and another), (2012) 10 SCC 303 (Gian Singh Vs. State of Punjab), (2014) 9 SCC 653 (Yogendra Yadav and others Vs. State of Jharkhand) and also (2014) 6 SCC 466 (Narendra Singh Vs. State of Punjab) and in view of the settlement agreement dated 01-102024, the impugned First Information Report dated 06-01-2024 registered as Case Crime No. 0002 of 2024, under Sections 420, 406 IPC, P.S. Pinahat, District Agra is hereby quashed.

¶18

The present petition is, accordingly, allowed.

¶19

Order Date :- 13.11.2024

¶20

pks

¶21

Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Prince Kumar @ Prince Anand v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Prince Kumar @ Prince Anand v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Sanjeev Kumar vs State of Up and 4 Others

Smt Priyanka Dubey vs State of Up and 2 Others

Pradeep Gupta vs State of Up and 3 Others

Sheshpal vs State of Up and 7 Others

Sardar Vallabh Bhai Patel University of Agriculture and Technology Meerut and Another vs State of Up and 2 Others

Vinay Kumar vs State of Up and 5 Others