Mobin And 2 Others v. State of U.P & Anr.
Case at a glance
Outcome
Allowed
The present application is allowed
Provisions considered
- Code of Criminal Procedure, 1973 s. 482
- Indian Penal Code, 1860 ss. 308, 323, 504, 506
Judgment
Heard Sri Vinay Kumar Tripathi, Advocate holding brief of Sri Ajay Singh, learned counsel for the applicants, Sri Bade Lal Bind, learned counsel for the State and perused the records.
Sri Suresh Yadav, learned counsel appearing on behalf of the opposite party no. 2, whose counter affidavit along with vakalatnama dated 17.10.2022 is already on record.
Learned counsel for the opposite party no.2 states that he has filed his vakalatnama in the office on 29.05.2023. The same is not on record.
The present application under Section 482 Cr.P.C. has been filed by the applicants, namely, Mobin, Taiyab @ Tausib and Maubin @ Mobeena the prayer to quash the charge sheet dated 11.11.2020 as well as cognizance order dated 02.04.2021 passed in Case Crime No. 118 of 2020 (State vs. Mobin & others), under Sections 308, 323, 504, 506 I.P.C., Police Station Badausa, District Banda, pending in the Court of Chief Judicial Magistrate, Banda.
Learned counsel for the applicants states that an order was passed by a co-ordinate Bench of this Court vide order dated 24.11.2022 directing the applicants to file the said compromise deed before the court concerned which was to be verified by the court concerned. In pursuance of the said order, the court concerned vide order dated 02.02.2023 verified the said compromise. Copy of the same is on record. The same is not disputed by learned counsel for the opposite party no.2.
The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The present application is allowed
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 482; Indian Penal Code, 1860 — ss. 308, 323, 504, 506.
Which court decided this case, and when?
Allahabad High Court, on 29 Jul 2024. The bench was SAMIT GOPAL.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.