Allahabad High Court
Hariram And Others vs State Of U.P. Thru. Prin. Secy. ... on 25 April, 2022
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 13
Case :- APPLICATION U/S 482 No. - 1998 of 2022
Applicant :- Hariram And Others
Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko. And Others
Counsel for Applicant :- Ramakar Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State as well as Shri Subodh Kumar Pandey, learned Advocate who has filed vakalatnama on behalf of respondent no. 2 and 3 which is taken on record.
Learned counsel for the petitioners submits that earlier the petitioners have approached this Court for quashing of the impugned proceedings on the basis of the compromise entered between the parties. This Court vide order dated 08.03.2022 in Application U/S 482 No. 989 of 2022 has disposed of the petition. The order dated 08.03.2022 is extracted as under:-
"Heard learned counsel for the petitioners and learned A.G.A. for the State as well as Shri Pawan Kumar Sharma, learned Counsel appearing for respondent no. 2 who has filed vakalatnama which is taken on record.
Learned counsel for the petitioners submits that the parties have entered into compromise and have amicably settled their dispute outside the Court which is on record as Annexure No. 4. It is further submitted that since the dispute has been settled outside the Court, the proceedings impugned be quashed in view of the judgment of Supreme Court in the case of "Gian Singh Vs. State of Punjab" reported in "(2012) 10 SCC 303".
Learned counsel for respondent no. 2 concedes the argument of learned counsel for the petitioners.
Learned A.G.A. has no objection to this prayer provided the compromise is verified by the learned trial court first.
In view of the above the parties are directed to appear before the learned trial court on 22.03.2022 along with the copy of original compromise deed, who shall verify the compromise in presence of the parties within one week thereafter and keep a report of the verification on the record of the Court after providing its copies to the parties.
For a period of one month, the proceedings of criminal case No. 872/2018 "State Vs. Hariram and others", arising out of case crime No. 7/2018, under sections 323/504/506/325 I.P.C., P.S. Gusaiganj, District Sultanpur, shall be kept in abeyance.
In view of the above, the petition is disposed of.
Liberty to the parties is granted to approach this Court again for quashing of the proceedings on the basis of compromise and its verification.
Office is directed to return the original compromise to learned counsel for the petitioner as per Rules of the Court."
In compliance of the order passed by this Court, the parties appeared before the court below on 22.03.2022 and trial court in the presence of the parties has verified the compromise vide its order dated 22.03.2022. The order dated 22.03.2022 is on record as Annexure No. 7 to the petition.
Learned counsel for the petitioners submits that since the petitioners and private respondents have amicably settled their dispute outside the Court by entering into compromise and the said compromise has been verified under the order of the Court, the proceedings impugned are liable to be quashed.
Learned counsel for respondent no. 2 and 3 concedes the argument of learned counsel for the petitioners.
Learned A.G.A. has no objection if the proceedings impugned are quashed on the basis of such compromise.
In view of the above and considering the law laid down by the Supreme Court in the case of "Gian Singh Vs. State of Punjab" reported in "(2012) 10 SCC 303", as well as the fact that the parties have entered into compromise which has been verified by the trial court on 22.03.2022, I am of the opinion that the entire proceedings of case No. 872/2018 "State Vs. Hariram and others", arising out of case crime No. 07/2018, under Sections 323/504/506/325 I.P.C., P.S. Gusaiganj, District Sultanpur deserve to be quashed and are hereby quashed.
The petition is allowed.
Order Date :- 25.4.2022
R.C.
