Saklain Hashmi @ Mohd. Saklain @ ... vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 1489 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 13
 

 
Case :- APPLICATION U/S 482 No. - 2033 of 2022
 

 
Applicant :- Saklain Hashmi @ Mohd. Saklain @ Shanu And Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Civil Secrtt. And Others
 
Counsel for Applicant :- Subodh Kumar Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the petitioners, learned A.G.A. for the State and Shri Ramakar Shukla, learned counsel for respondent nos.2 to 6.

The petition seeks quashing of the impugned charge-sheet dated 24.2.2018 vide Case Crime No.8 of 2018 under Section 147,148,149,323,504,506, 308 Indian Penal Code, Police Station Gusaiganj, District Sultanpur and the order of cognizance and summoning order dated 30.7.2018 in Crl. Case No. 859 of 2018 and further proceedings passed in pursuance thereof pending in the court of learned Civil Judge, (J.D)/Judicial Magistrate, Court no.31, Sultanpur in the light of compromise dated 18.12.2021 arrived between the parties.

Learned counsel for the petitioners has informed the Court that informant Umashanker died on 16.11.2021. Death certificate is on record. Respondent nos. 2 to 5 are legal heirs of the informant Umashanker and respondent no.6 is the injured.

It is contended on behalf of the petitioners that the petitioners have amicably settled their dispute outside the court with the legal heirs of the informant late Umashanker. The compromise is on record. The compromise has been verified in compliance of the order dated 8.3.2022 passed by this Court in a petition under Section 482 bearing No.992 of 2022. The trial court vide its order dated 22.3.2022 has verified the compromise in the presence of the parties. The verification report dated 22.3.2022 is also on record.

Learned counsel for respondent no.2 concedes the argument made by learned counsel for the petitioners.

Learned counsel for the parties submits that in view of the judgments of Hon'ble Apex Court in B. S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus State of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466, the proceedings pending before learned trial court are liable to be quashed.

In view of the fact that the parties have settled their dispute outside the Court by way of compromise and from perusal of the record it appears that the compromise has been verified by court below and the verification report dated 22.3.2022 is on record as well as law laid down by the Hon'ble Supreme Court of India in the cases (supra), the present petition is allowed and the criminal proceedings (supra) are hereby quashed.

Order Date :- 26.4.2022

Madhu