Disposed

Shanker and Another v. State of Uttar Pradesh and 2 Others

Allahabad HC17 Jan 2025CRLP/190/2025

Case brief

AI extract

What is this about?

Writ petition to quash an FIR under several BNS sections where parties claimed an amicable out-of-court settlement. The court directed appearance before the Investigating Officer and verification of the compromise by the jurisdictional Magistrate, with a report to Registrar (Compliance), and suspended coercive action against the petitioners until the next hearing.

What did the court decide?

Interim direction: parties to verify settlement with IO and Magistrate; no coercive action against petitioners till next date of listing.

Shanker and Another vs State of Uttar Pradesh and 2 Others — Quashing and FIR | Allahabad HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

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(Sl. No.80)

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Court No. - 42

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Case :- CRIMINAL MISC. WRIT PETITION No. - 190 of 2025

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Petitioner :- Shanker And Another Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Dipak Srivastava Counsel for Respondent :- G.A.

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anish Kumar Gupta,J.

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Heard Sri Dipak Srivastava, learned counsel for the petitioners and learned AGA for the State-respondents.

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This writ petition has been filed praying to quash the impugned First Information Report dated 12.01.2024 registered as Case Crime No. 214 of 2024 under Sections 191(2), 352, 115(2), 351(2), 333 B.N.S., Police Station Shivrajpur, District Kanpur Nagar and to arrest the the petitioners in the aforesaid case.

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Learned counsel for the petitioners submits that there is a civil dispute and the parties have already settled the matter out of court. Accordingly they also moved a notary affidavit to the D.C.P., Commissionerate Kanpur Nagar on 29.11.2024, which is also appended as Annexure-3 to the writ petition. It is pressed that continuation of the proceedings of the aforesaid case will be an abuse of process of law and as such, the impugned first information report is liable to be quashed.

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Although the prayer made in the writ petition is to quash the first information report dated 12.11.2024 registered as Case Crime No. 214 of 2024 under Sections 191(2), 352, 115(2), 351(2), 333 B.N.S., Police Station Shivrajpur, District Kanpur Nagar, but when the matter has been taken up, learned counsel for the petitioners has submitted that offences, complained of, are punishable only up to seven years and the notice is to be served upon in the law laid down by Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273 on merits.

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We have considered the rival submissions and gone through the entire record.

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Since the dispute between the parties has been amicably and mutually settled, no fruitful purpose would be served by

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permitting to continue the criminal proceeding and it would simply be a waste of time, if the aforesaid case is permitted to continue till its logical conclusion.

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As it is informed that till date the police report under Section 173 (2) of Cr.P.C. has not been submitted in the aforesaid Case Crime No.214 of 2024, we direct that the parties may appear before the Investigating Officer for verification of the settlement/compromise within a week from today. Thereafter, the investigating officer will produce the parties to the concerned jurisdictional Magistrate for verification of the said compromise. It is also directed that the Magistrate concerned will record the statement of the parties concerned as to whether the terms and conditions if set out in the settlement/compromise had been fulfilled or not and submit a report before Registrar (Compliance) by the next date fixed.

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List this matter again as fresh on 10.02.2025.

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Till the next date of listing, no coercive action shall be taken against the petitioners.

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Order Date :- 17.1.2025 Ashish Pd.

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(Anish Kumar Gupta,J.) (Mahesh Chandra Triptahi,J.)

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Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad

Shanker and Another v. State of Uttar Pradesh and 2 Others

Case brief

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Shanker and Another v. State of Uttar Pradesh and 2 Others

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