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Ajay Kumar Rastogi & Anr. vs State Of U.P. & Anr. on 27 January, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 14

Case :- U/S 482/378/407 No. – 8802 of 2019

Applicant :- Ajay Kumar Rastogi Anr.

Opposite Party :- State Of U.P. Anr.

Counsel for Applicant :- Kunwar Ravi Prakash

Counsel for Opposite Party :- G.A.,Dharmendra Gupta

Hon’ble Chandra Dhari Singh,J.

Heard learned counsel for the petitioners and learned Additional Government Advocate for the State.

The instant petition under Section 482 Cr.P.C. has been filed with the following prayers:-

“Wherefore, it is most respectfully prayed that this Hon’ble Court may very graciously be pleased to quash the impugned Charge Sheet and summoning order dated 06.08.2019 passed by Learned Additional Chief Judicial Magistrate-VII Court No.31, District: Lucknow vide which learned Court has taken cognizance in Case No.440 of 2019; Case Crime No.533 / 17; under Section: 406 IPC Police Station: Talkatora, District: Lucknow (State of U.P. Vs. Ajay Kumar Rastogi and another) contained as Annexure No. (01) (02) to the petition, and further stated that quash all the consequential proceedings related to impugned summoning orders.

Any other order or direction which this Hon’ble Court may deems fit and proper under the facts and circumstances of the case in favour of the petitioners in the interest of justice.”

Learned counsel for the parties are ad idem that both the parties have settled their dispute amicably. They do not want to pursue the proceedings of the aforesaid case any further.

Learned counsel for the petitioners has relied upon the judgments of the Supreme Court rendered in the case of Gian Singh vs. State of Punjab and another, (2012) 10 Supreme Court Cases 303, in Para 58 and 61 wherein it has been held that in view of amicable settlement of the dispute, if chance of conviction is remote and continuation of the criminal case would cause extreme hardship to the accused, the criminal proceedings of such a nature can be quashed by the High Court exercising powers under Section 482 Cr.P.C.

Since the parties have settled their dispute amicably outside the Court and the present case is squarely covered by the observation of Hon’ble Supreme Court in the case of Gian Singh’s case (supra), no purpose would be served by continuance of the aforesaid proceedings any further.

Accordingly, the instant petition under section 482 Cr.P.C. is allowed.

Proceedings arising out of charge-sheet dated 15.02.2018, in case crime no.533 of 2017, under section 406 IPC, P.S. Talkatora, District Lucknow are hereby quashed.

Order Date :- 27.1.2020

nishant/-

 

 

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