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Supreme Court - Daily Orders

Nanhe @ Vipin Kumar vs State Of U.P on 21 October, 2016

Bench: Jagdish Singh Khehar, Arun Mishra

                                      IN THE SUPREME COURT OF INDIA
                                      CRIMINAL APPELLATE JURISDICTION
                                      CRIMINAL APPEAL NOS.1006-1007 OF 2016
                                      (Arising from SLP(Crl.) Nos.952-953/2014)

     Nanhe @ Vipin Kumar and others                                           ..Appellants

                         versus
     State of Uttar Pradesh and others                                        ..Respondents

                                                 O R D E R

Leave granted.

The complainant has filed an affidavit before this Court dated 14.02.2015. Paragraph 10 of the aforesaid affidavit reads as under:

“10. That it is respectfully submitted that in view of the above submission, the deponent does not wish to proceed with the FIR No. 264 of 2011 dated 8.9.2011 & FIR No. 86 of 2012 dated 21.04.2012 registered in the police station Aonla, Sub District, Aonla District Bareilly and the Criminal cases No. 979 of 2011 and 513 of 2012 arising out of case crime No. 1306 of 2011 & 395 of 2012 respectively and would request the Hon'ble Court to allow the deponent to compound the offence under section 320-B of the Cr.PC and quash the proceedings arising out of the said FIRs.” In view of the above it is apparent, that the complainant does not wish to continue with the proceedings sought to be initiated through the first information reports registered by her.

Accordingly, proceedings initiated as a consequence of FIR No. 264 of 2011 dated 8.9.2011 and FIR No. 86 of 2012 dated 21.04.2012 are hereby quashed.

The instant appeals are accordingly allowed. Signature Not Verified Digitally signed by PARVEEN KUMAR Date: 2016.10.24

…......................J. 17:21:45 IST Reason: [JAGDISH SINGH KHEHAR] NEW DELHI; …......................J. OCTOBER 21, 2016. [ARUN MISHRA] ITEM NO.51 COURT NO.3 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 952-953/2014 (Arising out of impugned final judgment and order dated 25/11/2013 in CRLCA No. 342444/2013 11/11/2013 in CRLA No. 9428/2013 25/11/2013 in CRLA No. 9428/2013 passed by the High Court Of Judicature at Allahabad) NANHE @ VIPIN KUMAR AND ORS Petitioner(s) VERSUS STATE OF U.P AND ORS Respondent(s) (with appln. (s) for permission to place addl. documents on record and stay and office report) Date : 21/10/2016 These petitions were called on for hearing today. CORAM :

HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR HON'BLE MR. JUSTICE ARUN MISHRA For Petitioner(s) Ms. Tanuj Bagga Sharma, Adv.
for Mr. Rajinder Mathur,AOR For Respondent(s) Mr. Deepak Goel,Adv.
Mr. Vikas Gupta, Adv.
Mr. Kamal Kumar Pandey, Adv.
Mr. Vikrant Yadav, Adv.
Ms. Pallavi Pratap, Adv.
for Mr. Rajiv Yadav,AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals are allowed in terms of the signed order.
(Renuka Sadana) (Parveen Kumar) Assistant Registrar AR-cum-PS [signed order is placed on the file]