Allowed

Sarvan and Others v. State of U.P. Thru. Addl. Chief Secy. Home. Lko and Another

Allahabad HC7 Jan 2025/1286/2021

Case brief

AI extract

What is this about?

Cross-cases arising from two cross-FIRs between the parties were pending; parties executed a settlement and sought quashing of both proceedings. Relying on Supreme Court precedent on inherent powers to do substantial justice, the High Court quashed both sets of proceedings including charge-sheets and summoning order.

What the court decided

AI extract

Sarvan and Others Vs State of U.P. Thru. Addl. Chief… — Quashing and FIR | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:874

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Reserved on :- 20.12.2024 Delivered on :- 07.01.2025

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 1286 of 2021

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Applicant :- Sarvan And Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home. Lko And Another

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Counsel for Applicant :- Nadeem Murtaza,Yash Pandey Counsel for Opposite Party :- G.A.,Aditya Prakash Sharma,Anil Singh,Mahadeo Singh,Vinod Kumar Pandey

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Hon'ble Rajeev Singh,J.

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1. Heard.

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2. The instant application has been filed by the applicants seeking following reliefs:-

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"To quash the entire proceedings of Case No. 462 of 2020 (State Vs. Sarvan and Ors.) pending before the Court of Judicial Magistrate Purva, Unnao, u/s 147, 323, 504, 506, 324, 325, 308 I.P.C.; to quash the impugned summoning order dated 19.01.2021 passed by Judicial Magistrate Purva, Unnao in Case No. 462 of 2020 (supra) , whereby after taking cognizance of the charge-sheet no. 80 of 2020 dated 15.03.2020 filed u/s 147, 323, 504, 506, 324, 325, 308 I.P.C., Police StationMauravan, District- Unnao; to quash the impugned charge-sheet no. 80 of 2020 (supra) filed in F.I.R. No. 536 of 2019 u/s 147, 323, 504, 506, 324 I.P.C., Police Station- Mauravan, District- Unnao"

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3. Learned counsel for the applicant submitted that Brij Lal s/o late Kailash, from the side of the applicants, lodged F.I.R. No. 529 of 2019 u/s 147, 352, 323, 504, 506 I.P.C. at Police Station- Moranvan, DistrictUnnao on 08.12.2019 against Ramkrishna (private respondent), Radheylal, Vikas Kumar, Sunil Kumar, Shilu Devi, Geeta Devi, Nanhakai, Neeshu. Another F.I.R. No. 536 of 2019 u/s 147, 323, 324, 504, 506

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I.P.C., Police Station- Moranvan, District- Lucknow was lodged on 15.12.2019 by private respondent against the applicants and Brijlal.

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It has further submitted that after investigation, charge-sheet no. 97 of 2020, dated 10.04.2020, u/s 147, 352, 323, 504, 506, 325, 308 I.P.C. filed in F.I.R. No. 529 of 2019 (supra) and charge-sheet no. 80 of 2020, dated 15.03.2020, u/s 147, 323, 504, 506, 324, 325, 308 I.P.C. filed in F.I.R. No. 536 of 2019 (supra) were submitted by the Investigating Officer, on which, cognizance was taken by learned trial Court. The F.I.R. No. 529 of 2019 (supra), after taking cognizance, committed to the Court of Sessions was registered as S.T. No. 1538 of 2023 (State Vs. Ramkrishna and Ors.) , which is presently pending in the Court of District and Sessions Judge, Unnao. Further, the F.I.R. No. 536 of 2019 (supra), after taking cognizance, was registered as Case No. 462 of 2020 (State Vs. Sarvan and Ors.) , which is pending in the Court of Judicial Magistrate, Purwa, Unnao.

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It has next been submitted that during the pendency of the aforesaid cases, the parties has come to the conclusion that they will not pursue their cases as they are residing amicably and has executed a settlement agreement which has been placed before this Court on 20.12.2024 along with affidavit filed by Sarvan s/o Brij Mohan r/o Bhatan Khera, Unnao, Mauravan, U.P., 209821, Aadhar Card No. 234718200624. In the aforesaid settlement agreement, the parties arrived at compromise are Ram Krishna s/o Brindawan, Sunil Kumar s/o Shivraj, Shilu Devi d/o Ram Krishna, Geeta Devi w/o Radhey Lal, Radhey Lal s/o Bindavan, Vikas Kumar s/o Ram Krishna, Sarvan s/o Brij Mohan, Vijay Bahadur s/o Pitambar, Choote Lal s/o Pitambar, Surendra s/o Darshan and Ramesh s/o Pitambar, who all are present before this Court.

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4. The aforesaid persons, who were present in the Court, has submitted that they do not want to pursue the aforesaid cases and has

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requested with folded hand that proceedings of both the cases may be quashed.

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5. Learned A.G.A. did not dispute over the settlement agreement executed between the parties.

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6. Considering the submissions of learned counsel for the parties, aforesaid statements of parties and going through the contents of the application, compromise deed dated 20.12.2024 as well as other relevant documents, this Court is of the view that trial of aforesaid both cases i.e. S.T. No. 1538 of 2023 (supra) and Case No. 462 of 2020 (supra) would be futile one.

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7. 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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8. 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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9. For the discussions made above, the present application is allowed . The entire proceedings of Case No. 462 of 2020 (State Vs. Sarvan and Ors.) arising out of F.I.R./Case Crime No. 536 of 2019, Police StationMoranvan, District- Unnao pending u/s 147, 308, 323, 324, 325, 504, 506 I.P.C. in the Court of Judicial Magistrate Purva, Unnao, as well as the impugned summoning order dated 19.01.2021 passed by Judicial Magistrate Purva, Unnao in Case No. 462 of 2020 (supra) including the

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impugned charge-sheet no. 80 of 2020 (supra) and entire proceedings of S.T. No. 1538 of 2023 (State Vs. Ramkrishna and Ors.) arising out of F.I.R./Case Crime No. 529 of 2019, Police Station- Moranvan, DistrictUnnao pending u/s 147, 308, 323, 325, 352, 504, 506 I.P.C. in the Court of Court of District and Sessions Judge, Unnao are hereby quashed .

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10. The parties are directed to produce a certified copy of this order before learned trial Court.

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Order Date :- January 07, 2025

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Arpan

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

Sarvan and Others v. State of U.P. Thru. Addl. Chief Secy. Home. Lko and Another

Case brief

What is this about?

What the court decided

Sarvan and Others v. State of U.P. Thru. Addl. Chief Secy. Home. Lko and Another

Case brief

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