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Baljinder Singh vs The State Of Uttar Pradesh on 8 August, 2023

Bench: S. Ravindra Bhat, Aravind Kumar

                                         IN THE SUPREME COURT OF INDIA
                                        CRIMINAL APPELLATE JURISDICTION

                                    CRIMINAL APPEAL NO............OF 202
                               (Arising out of S.L.P.(Crl.) No.11473 of 2019)




     BALJINDER SINGH                                                                .....Appellant(s)


                               Vs.

     THE STATE OF UTTAR PRADESH & ANR.                                              .....Respondent(s)


                                                   O R D E R

Leave granted.

By the impugned order, the High Court refused to quash the criminal proceedings initiated by virtue of complaint of one Lakshman Singh. The complainant had initially approached the Court under Section 156 (3) of the Code of Criminal Procedure which culminated the lodging of First Information Report. The investigations were completed and charge-sheet was filed alleging commission of various offences by the appellant.

The appellant - accused approached the High Court contending that the criminal proceedings required to be quashed, in the interests of justice, which the High Court refused. This Court had issue notice on the submissions that the parties have resolved their disputes. The appellant had relied upon a document styled as a declaration/settlement to which the second respondent - complainant was a party.

Digitally signed by NEETA SAPRA Date: 2023.08.12 11:56:32 IST Reason: This court had by its previous order directed the verification of the second respondent’s signatures, on the document relied upon 1 by the parties. The document has been verified and the second respondent has acknowledged it in an affidavit. This court is satisfied and is of the opinion that in the larger interest of justice, the FIR and all further proceedings need to be quashed. Accordingly, First Information Report No. 200/16, dated: 07.09.2016, the result Charge-sheet no. 140 of 2016 dated 19.11.2016 at P.S. Ram Raj District Muzaffarpur U.P. are hereby quashed.

The appeal is allowed in the above terms.

...................J. (S. RAVINDRA BHAT) ....................J. (ARAVIND KUMAR) New Delhi;

August 08, 2023.

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ITEM NO.16                COURT NO.5                 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).    11473/2019

(Arising out of impugned final judgment and order dated 21-08-2019 in A482 No. 7276/2018 passed by the High Court of Judicature at Allahabad) BALJINDER SINGH Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH & ANR. Respondent(s) (IA No. 186497/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 44002/2020 - EXEMPTION FROM FILING O.T., IA No. 186498/2019 - EXEMPTION FROM FILING O.T.) Date : 08-08-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE ARAVIND KUMAR For Petitioner(s) Mr. Pradeep Kumar Mittal, Adv.

Mr. Raj Kishor Choudhary, AOR Mr. Shakeel Ahmed, Adv.

Ms. Pratibha Singh, Adv.

Mr. Saurabh Kumar, Adv.

Mr. Anupam Bhati, Adv.

Mr. Nakul Chaudhary, Adv.

Mr. Wasiq Khan, Adv.

Mr. Amir Kaleem, Adv.

For Respondent(s) Mr. Vishwa Pal Singh, AOR Mr. Ashok Kumar Gupta, Adv.

Mr. P.S. Tomar, Adv.

Mr. Ashish Pandey, Adv.

Mr. Raghvendra Shukla, Adv.

Mr. Ashish Sharma, Adv.

Mr. Ashish Kumar Pandey, Adv.

3  Mr. Shashi Kumar, Adv.

Mr. Ramjee Pandey, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.

The appeal is allowed in terms of signed order. All pending applications are disposed of.

(NEETA SAPRA)                                   (BEENA JOLLY)
COURT MASTER (SH)                              COURT MASTER (NSH)

(Signed order is placed on the file) 4