Dr. Vinay Kumar Pandey Alias Vinnu Pandey Vs State of U.P. Thru. Addl. Chief Secy./Prin. Secy. Home Lko. and Another

Neutral Citation No. - 2025:AHC-LKO:5563

Court No. - 11

Case :- APPLICATION U/S 482 No. - 11819 of 2024 Applicant :- Dr. Vinay Kumar Pandey Alias Vinnu Pandey Opposite Party :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Home Lko. And Another Counsel for Applicant :- Nadeem Murtaza,Adnan Hashmat,Mohammed Hamza Shamim Counsel for Opposite Party :- G.A.,Prabhat

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Mohd. Hamza Shamim, learned counsel for the applicant and Sri Arun Verma, learned A.G.A. for the State as well as Sri Adesh Pratap Singh, advocate, holding brief of Sri Prabhat Singh, learned counsel for the opposite party no.2.

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By means of this petition filed under Section 482 Cr.P.C., the petitioner has prayed the following main relief:-

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"(i) To quash the entire proceedings as well as the consequential proceedings of the Criminal Case No. 21165 of 2024, (State v. Vinay Kumar Pandey alias Vinnu Pandey), arising out of Case Crime No. 464 of 2024 pending under Sections 419, 420, 467, 468, 471, 406 IPC before the Learned Court of Civil Judge (S.D.)/ M.P./ M.L.A., Gonda.

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(ii) It is further prayed that the Summoning Order, dated 02.04.2024, passed by Learned Court of Civil Judge (S.D.)/ M.P./ M.L.A., Gonda, (State v. Vinay Kumar Pandey alias Vinnu Pandey), arising out of Case Crime no. 464 of 2024 pending under Sections 419, 420, 467, 468, 471, 406 IPC, whereby, the Applicant have been summoned as accused persons under sections 419, 420, 467, 468, 471, 406 IPC, arising out of Case Crime No. 464 of 2022 registered at Police Station- Kotwali Nagar, District- Gonda, may also be quashed against Applicants in the interest of justice. The certified copy of impugned Summoning order 02.04.2024 is annexed hereto as ANNEXURE No. 1.

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(iii) Further, the impugned chargesheet bearing No. 01 of 2024, dated 24.02.2024, filed under sections 419, 420, 467, 468, 471, 406 IPC, in relation to Case Crime no. 464 of 2024 registered at Police StationKotwali Nagar, District- Gonda, may also be quashed in the interest of justice. The certified copy impugned chargesheet bearing No. 1 of 2024 dated 24.02.2024 is annexed hereto as ANNEXURE NO.2.

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(iv) It is further prayed that the effect, operation and implementation of the impugned summoning order, dated 02.04.2024, passed by Learned Court of Civil Judge (S.D.)/ M.P./M.L.A., Gonda in Case Crime no. 464 of 2024 pending under Sections 419, 420, 467, 468, 471, 406 IPC arising out of Case Crime No. 464 of 2024 registered at Police Station-Kotwali Nagar, District- Gonda, as well as the consequential proceedings of Case Crime No. 464 of 2024, (State v. Vinay Kumar Pandey alias Vinnu Pandey), arising out of Case Crime No. 464 of 2024 pending under sections 419, 420, 467, 468, 471, 406 IPC, pending before the Learned Court of Civil Judge (S.D.)/ M.P./ M.L.A., Gonda, in Case Crime No. 464

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of 2024, may kindly be kept in abeyance during the pendency of the present Application."

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Vide order dated 20.12.2024 passed by this Court, parties to the compromise were directed to appear before the Senior Registrar of this Court and the Senior Registrar of this Court was directed to verify the contents and parties of the compromise deed.

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In compliance of the aforesaid order, compromise deed was filed before the Senior Registrar of this Court , who vide order/ report dated 16.01.2025, has verified the contents and parties of the compromise deed and submitted his report to the extent that the parties and contents of the compromise deed are genuine and they have entered into the compromise by free-will.

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Learned counsel for opposite party no.2 has submitted that the parties in dispute are not interested to pursue the criminal case.

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The Apex Court in re: Unnikrishnan alias Unnikuttan vs. State of Kerala, reported in (2018) 15 Supreme Court Cases 343, has observed that even if the offence(s) in question is / are not compoundable within the scope of Section 320 Cr.P.C. even then considering the facts and circumstances of the case in question the Constitutional Court may allow the parties to compound such offence(s) on the basis of compromise arrived at between the parties.

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Not only the above, considering the facts and circumstances of the issue in question and other dictums of the Apex Court in re: B.S. Joshi and others Vs. State of Haryana and Another; 2003 (4) SCC 675, Gian Singh vs. State of Punjab (2012) 10 SCC 303; State of Rajasthan vs. Shambhu Kewat, (2014) 4 SCC 149; State of Madhya Pradesh vs. Deepak (2014) 10 SCC 285; State of Madhya Pradesh vs. Manish (2015) 8 SCC 307; J.Ramesh Kamath vs. Mohana Kurup (2016) 12 SCC 179; State of Madhya Pradesh vs. Rajveer Singh (2016) 12 SCC 471 and Parbatbhai Ahir vs. State of Gujarat (2017) 9 SCC 641 , the entire proceedings of the aforesaid criminal case are hereby quashed in respect of the present petitioner on the basis of compromise.

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Accordingly, the instant petition is allowed .

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(Rajesh Singh Chauhan,J.])

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Order Date :- 23.1.2025 (Manoj K.)

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

Dr. Vinay Kumar Pandey Alias Vinnu Pandey v. State of U.P. Thru. Addl. Chief Secy./Prin. Secy. Home Lko. and Another

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Dr. Vinay Kumar Pandey Alias Vinnu Pandey v. State of U.P. Thru. Addl. Chief Secy./Prin. Secy. Home Lko. and Another

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