Allahabad High Court
Madan Lal Agarwal & Others vs State Of U.P. Thru. Addl. Chief ... on 14 July, 2021
Bench: Vivek Chaudhary
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- U/S 482/378/407 No. - 1788 of 2021
Applicant :- Madan Lal Agarwal & Others
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Lko & Another
Counsel for Applicant :- Sunil Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
Heard learned counsel for the petitioners, Sri Prem Chand Gupta, learned counsel for opp. party No.2, learned AGA for the State and perused the record.
By means of the present petition under Section 482 Cr.P.C., the petitioners have prayed for quashing of the chargesheet in case crime No.355A/05-06 under Section 147/323/504/506 IPC and Sec. 3 (1) (X) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, PS, Mahanagar, district Lucknow on the basis of compromise entered upon between the parties.
It has been contended by learned counsel for the petitioners that the parties have approached this Court by filing present petitioner for quashing of the entire criminal proceedings of the aforesaid Case. This Court vide order dated 16.12.2020 passed in Crl. Misc. Case No.2811 of 2020 (Petition under Section 482 CrPC) sent the matter to the Court concerned to verify the fact of compromise. Thereafter, in compliance of the Court's order dated 16.12.2020, both the parties appeared before the Court of Special Judge (SC/ST Act, Lucknow, on which the Court below has verified the compromise entered into between the parties and prepared a report dated 15.2.2021, a certified copy of which has been annexed as Annexure-6 to the affidavit of the application, hence the proceeding against the petitioners be quashed.
Learned counsel for the petitioners in support of his contention has placed reliance on the judgment of Apex Court in the case of Manoj Sharma Vs. State, (2008)16 SCC1, Narinder Singh Vs. State of Punjab, (2014) 6 SCC 466 and Yogendra Yadav Vs. State of Jharkhand reported in (2014) 9 SCC 653 and has submitted that the petitioners and opp. party No.2 have compromised the dispute and as such opp. party No.2 does not want to press the present case against the petitioners.
Learned counsel for opp. party no.2 and learned AGA have stated that they have no objection if the proceeding of the aforesaid case is quashed against the petitioners.
From the perusal of the record it is apparent that parties have entered into compromise and have settled their dispute amicably.
In this regard, the view taken by the Apex court in the case of Manoj Sharma Vs. State (supra), Narinder Singh Vs. State of Punjab (supra) & Yogendra Yadav Vs. State of Jharkhand (supra), which have been relied upon by the learned counsel for the petitioners finds force that this Court in exercise of its inherent power under Section 482 Cr.P.C. can quash the proceeding as the dispute has been amicably settled between the parties.
Hence, considering the facts and circumstances of the case and nature of offence the proceeding of the aforesaid case are hereby quashed.
The present 482 Cr.P.C. petition stands allowed.
Order Date :- 14.7.2021
Rajneesh JR-PS)
(Vivek Chaudhary, J.)
