Ram Asare And Others vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 1601 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 15
 

 
Case :- APPLICATION U/S 482 No. - 775 of 2022
 

 
Applicant :- Ram Asare And Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Department Of Home And Others
 
Counsel for Applicant :- Surya Prakash Singh
 
Counsel for Opposite Party :- G.A.,Dharmendra Kumar Tiwari
 

 
Hon'ble Suresh Kumar Gupta,J.

Heard learned counsel for petitioners, 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 quash the entire criminal proceedings of Criminal Case NO. 92 of 2016 pending before the court of learned Special Judge (SC/ST Act), Ambedkar Nagar arising out of Case Crime No. 140 of 2013, under Sections 323, 324, 504, 506 and 352 IPC, Police Station Jaitpur, District Ambedkar Nagar as well as charge sheet no. 53 of 2013, submitted by the police in the aforesaid case crime and summoning order dated 19.08.2013 passed by learned First Additional Civil Judge (Jr. Div)/Judicial Magistrate, Ambedkar Nagar."

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 5.2.2022), which has been verified by the court below on 23.3.2022 by the Special Judge, S.C./S.T.Act, Ambedkar Nagar in compliance of order passed by this Court on 25.2.2022 in the present petition.

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.

Order of this Court be communicated to the court below for necessary compliance.

Order Date :- 27.4.2022

Anuj Singh