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Ashish Dixit & Others v. State Of U.p. & Another

Ashish Dixit & Others v. State Of U.p. & Another

(High Court Of Judicature At Allahabad, Lucknow Bench)

U/S 482/378/407 No. - 4505 of 2021 | 17-11-2021

Mrs. Sangeeta Chandra,J.

1. Heard learned counsel for the petitioners, Sri Tanveer Ahmad, Advocate Registration No. UP02735/91, AoR No. B/T 0117/2021 and learned AGA for the State.

2. It is the case of the petitioners that a compromise has occurred between the parties. A petition under Section 482 of the Cr.P.C. was filed earlier before this Court, namely, petition U/S 482/378/407 no. 6773 of 2019 (Ashish Dixit and Ors. vs. State of U.P. & Anr.) wherein this Court had disposed of the petition on 06.01.2020 directing that the compromise be verified by the concerned court and in case a favorable report is made by the trial court the petitioners may approach again under Section 482 of the Cr.P.C. for quashing of the proceedings. It has been submitted that in pursuance of order passed by this Court, the learned trial court had verified the compromise on 15.09.2021.

3. Sri Tanveer Ahmad, Advocate who appears from the opposite party no. 2 does not dispute this contention of the learned counsel for the petitioners.

4. In view of the order earlier passed by this Court on 06.01.2020 and a report of the concerned court dated 15.09.2021, this Court is of the opinion that there is a very faint chance of conviction of the accused of conviction in such a case in view of the law settled by the Hon'ble Supreme Court in the case of "Gian Singh Vs. State of Punjab" reported in "(2012) 10 SCC 303 [LQ/SC/2012/838 ;] ">(2012) 10 SCC 303 [LQ/SC/2012/838 ;] [LQ/SC/2012/838 ;] ".

5. Accordingly, this petition is disposed of and the proceedings of Criminal Case No. 3296 of 2012 arising out of Case Crime No. 154-C of 2012 under Section 323, 504, 326m, 498-A I.P.C. and Section 3/4 D.P. Act, PS Kotwali Nagar, District Rae Bareli is quashed.

Advocate List

  • Mohd Wajid Irfan

  • G.A.

Bench
  • Hon'ble Justice Mrs. Sangeeta Chandra
Eq Citations
  • LQ/AllHC/2021/11690
Head Note

Criminal Procedure Code, 1973 — S. 482 — Quashing of proceedings — Compromise between parties — Compromise verified by trial court — Very faint chance of conviction of accused — Proceedings quashed — Civil Procedure Code, 1908 — Or. 21 R. 35 — Compromise