Mahendra Kumar Agrawal And ... vs State Of U.P.And Another
2022 Latest Caselaw 10389 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 64
 

 
Case :- APPLICATION U/S 482 No. - 14635 of 2022
 

 
Applicant :- Mahendra Kumar Agrawal And Another
 
Opposite Party :- State Of U.P.And Another
 
Counsel for Applicant :- Ashfaq Ahmed Ansari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Arvind Kumar Mishra-I,J.

Heard learned counsel for the parties and the learned A.G.A. for the State-respondent.

The present 482 Cr.P.C. application has been filed for quashing the entire proceeding of complaint Case No.194 of 2017, Dheeraj Kumar Kannojiya versus Mahendra Kumar Agrawal and others, under Sections 323, 504, 506 IPC and Section 3(1) (10) S.C./S.T. Act, Police Station- Dashashwamedh, District- Varanasi, pending in the court of Upper Session Judge/Special Judge (SC/ST Act), Varanasi on the basis of compromise dated 18.02.2022 between the parties as well as summoning order dated 17.4.2018 passed by Upper Session Judge/Special Judge (SC/ST Act), Varanasi and other dated 15.3.2022 passed by Special Judge (SC/ST) Act, Varanasi.

Learned counsel for the applicant has engaged attention on the report of the court below dated 30.06.2022, wherein it has been specified categorically that the dispute has been settled between both the parties and they have resolved their differences amicably. It is thus, argued that the continuance of the criminal proceedings against the applicants is bad in law. Learned counsel for the applicants has placed reliance in the matter reported as (2014) 6 SCC 466 in the matter of Narinder Singh and others Vs. State of Punjab and another in support of his contention.

Learned A.G.A. does not dispute the fact of compromise and has stated that in view of the compromise he does not want to pursue the matter any further.

In view of above, the dispute has been amicably settled between the parties, no useful purpose would be served in keeping the petition pending.

Thus, in view of the well settled principles of law as laid down by the Judgment of the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana) as well as the Judgment of the Hon'ble Apex Court reported in JT 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another), the entire proceeding of complaint Case No.194 of 2017, Dheeraj Kumar Kannojiya versus Mahendra Kumar Agrawal and others, under Sections 323, 504, 506 IPC and Section 3(1) (10) S.C./S.T. Act, Police Station- Dashashwamedh, District- Varanasi, pending in the court of Upper Session Judge/Special Judge (SC/ST Act), Varanasi as well as summoning order dated 17.4.2018 passed by Upper Session Judge/Special Judge (SC/ST Act), Varanasi and other dated 15.3.2022 passed by Special Judge (SC/ST) Act, Varanasi, is hereby quashed.

The instant application is, accordingly, allowed.

Order Date :- 17.8.2022

Raj