Jitendra P. Sharma vs. The State Of Uttar Pradesh

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.613/2023 (@Special Leave Petition (Crl.) No.918/2023)

JITENDRA P. SHARMA & ORS. Appellant(s)

VERSUS

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

O R D E R

Leave granted.

2. The appellants challenged the Order dated 24112022 passed by the High Court of Judicature at Allahabad in Criminal Miscellaneous Writ Petition No.17877 of 2022 refusing to exercise the power under Article 226 of the Constitution of India to quash the First Information Report dated 11072022 registered as Crime No.306 of 2022 at Police Station Chhatta, District Mathura, U.P., for the offences punishable under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code (IPC).

3. The accused and the complainant have entered into Settlement and a Deed dated 06102022 is executed by them, and the same is filed for perusal.

4. Relying upon the said Settlement Deed dated 06102022, the appellants were admitted on bail by the High Court but on filing the petition seeking quashing of FIR, it has refused by the impugned order. Digitally signed by VISHAL ANAND Date: 2023.03.01 18:39:08 IST Reason: Signature Not Verified

5. After perusing the contents of the FIR, we are satisfied that the dispute between the parties is really of civil in nature with regard to nonpayment of the amounts in terms of the contract, which has been settled by the parties, and in terms of the settlement deed, amount has been paid.

6. Having heard learned counsel appearing for the parties and after carefully perusing the material placed on record, we are of the considered view that it is a fit case in which power under Article 142 of the Constitution ought to be exercised to quash the FIR registered by Respondent No.3 against the appellants. 7. Accordingly, by invoking our power under Article 142 of the Constitution, the First Information Report dated 11072022 registered as Crime No.306 of 2022 at Police Station Chhatta, District Mathura, U.P., for the offences punishable under Sections 420, 467, 468, 471 and 120B of IPC registered against the appellants are hereby quashed and if any proceedings are pending in furtherance to the said FIR, the same shall be treated as disposed of.

8. The appeal is disposed of in above terms.

................J (J.K. MAHESHWARI)

.................J (M.M. SUNDRESH)

NEW DELHI; 27TH FEBRUARY, 2023. 2

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition for Special Leave to Appeal (Crl.) No.918/2023

(Arising out of impugned final judgment and order dated 24112022 in CRLMWP No. 17877/2022 passed by the High Court of Judicature at Allahabad)

JITENDRA P. SHARMA & ORS. Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH & ORS. Respondent(s) (IA No. 12979/2023 EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT & IA No. 12981/2023 EXEMPTION FROM FILING O.T.) Date : 27022023 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Shailendra Mishra, Adv. Mr. Seshatalpa Sai Bandaru, AOR For Respondent(s) Mr. Vishnu Shankar Jain, AOR Mr. Bhushan M. Oza, Adv. Mr. Ajit Sahijwani, Adv. Mr. Amber Dwivedi, Adv. Mr. Ankit Bhanwala, Adv. Mr. Venkateswara Rao Anumolu, AOR UPON hearing the counsel the Court made the following O R D E R Exemption Applications are allowed. Leave granted. The appeal is disposed of, in terms of the signed Order. (VISHAL ANAND) (PREETHI T.C.) ASTT. REGISTRARcumPS COURT MASTER (NSH) (Signed Order is placed on the file)