Veer Bahadur Singh vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 1501 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 15
 

 
Case :- APPLICATION U/S 482 No. - 2052 of 2022
 

 
Applicant :- Veer Bahadur Singh
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko. And Another
 
Counsel for Applicant :- Satya Narayan Yadav,Prem Narayan Sharma,Priyanka Jaiswal
 

 
Hon'ble Suresh Kumar Gupta,J.

Ms. Ayushi Mishra, Advocate has filed Vakalatnama on behalf of the opposite party no.2 today in Court is taken on record.

Heard learned counsel for petitioner, learned A.G.A. for the State and perused the material available on record.

By means of this petition under Section 482 Cr.P.C., the petitioners have prayed following reliefs:-

"to pass an order or direction for quashing of charge sheet along with entire proceedings initiated against the petitioner in Sessions Trial No. 1008 of 2021 (State Vs. Veer Bahadur Singh) arising out of charge sheet dated 18.11.2018 submitted by the police relating to Case Crime No. 325 of 2018, under Sections 376, 504 and 506 IPC, Police Station Katara Bazar, District Gonda pending in the court of learned Additional Sessions Judge/F.T.C.-I, Gonda."

At the very outset, learned counsel for petitioners has submitted that the dispute between the parties has been amicably settled and the parties have entered into a compromise (by means of compromise deed dated 28.09.2021), which has been verified by the court below on 19.02.2022 in compliance of order passed by this Court on 17.11.2021 in Case:- Application U/s 482 Cr.P.C. No. 4554 of 2021.

Learned counsel for opposite party no. 2 does not dispute the correctness of the submission made by learned counsel for petitioners or the correctness of the documents relied upon by him. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid are quashed.

Learned counsel for petitioners in support of his contention has placed reliance on the judgments of Hon'ble Apex Court in the case of Narinder Singh Vs. State of Punjab reported in (2014) 6 SCC 466, Yogendra Yadav Vs. State of Jharkhand reported in (2014) 9 SCC 653 and Parbatbhai Aahir Vs. State of Gujarat reported in (2017) 9 SCC 641 and has submitted that the petitioners and opposite party no. 2 have settled through compromise their private and civil disputes and as such opposite party no. 2 does not wish to press the aforesaid case against the petitioners. Opposite party no. 2 is ready to withdraw the prosecution of the petitioners and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on.

From perusal of the record, it is apparent that the parties have entered in to compromise and have settled their dispute amicably and it is highly doubtful if the ingredients of the offence as alleged are made out.

Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties regarding the compromise entered into between the parties. Taking all these factors into consideration cumulatively, the compromise between the parties be accepted and further taking into account the legal position as laid down by the Apex Court in the case of Narinder Singh Vs. State of Punjab (supra), Yogendra Yadav Vs. State of Jharkhand (supra) and Parbatbhai Aahir Vs. State of Gujarat (supra) the entire proceedings of the aforesaid case is hereby quashed.

With the aforesaid observations/directions, the present 482 Cr.P.C. petition stands allowed.

Office is directed to communicate this order to court concerned for necessary compliance.

Order Date :- 26.4.2022

Virendra