Allahabad High Court
Mohd. Naseer And Others vs State Of U.P. Thru. Secy. Home. ... on 26 August, 2022
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
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Court No. - 13
Case :- APPLICATION U/S 482 No. - 5670 of 2022
Applicant :- Mohd. Naseer And Others
Opposite Party :- State Of U.P. Thru. Secy. Home. Civil Sectt. Lko. And Another
Counsel for Applicant :- Sanjay Singh Chauhan
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Sri Shobhit Singh, Advocate has filed power on behalf of opposite party no.2 today and the same is taken on record.
Heard learned counsel for applicants, Sri Shobhit Singh, learned counsel for opposite party no.2, learned AGA for the State and perused the record.
By means of the present application under Section 482 Cr.P.C., the applicants have prayed for quashing the summoning order dated 18.05.2009 as well as entire proceedings of Complaint Case No.22 of 2009, under Sections 394, 323, 506 I.P.C. Police Station-Kotwali, District-Sitapur, pending before the Court of Chief Judicial Magistrate, Sitapur.
It has been contended by learned counsel for the applicants that the applicants have earlier approached this Court by filing a Crl. Misc. 482 Cr.P.C. Application No. 3575 of 2022, which was disposed by this Court vide order dated 08.06.2022 and the matter was sent to the Court below to verify the fact of compromise, copy of which has been annexed as Annexure No.1 of the application. Thereafter, in compliance of the Court's order dated 08.06.2022, both the parties appeared before the court below, on which the learned Magistrate verified the compromise entered into between the parties and prepared a report dated 18.06.2022, certified copy of which has been annexed as annexure-6 of the application, hence the proceeding against the applicant be quashed.
Learned counsel for the applicants in support of his contention has placed reliance on the judgment of Apex Court in the case of Manoj Sharma Vs. State, (2008)16 SCC1, Narinder Singh Vs. State of Punjab, (2014) 6 SCC 466 and Yogendra Yadav Vs. State of Jharkhand reported in (2014) 9 SCC 653 and has submitted that the applicants and opp. party No.2 have compromised the dispute and as such opp. party No.2 does not want to press the present case against the applicants.
Learned counsel for opp. party no.2 and learned AGA have stated that they have no objection if the proceeding of the aforesaid case is quashed against the applicant.
From the perusal of the record it is apparent that parties have entered in to compromise and have settled their dispute amicably.
In this regard, the view taken by the Apex court in the case of Manoj Sharma Vs. State (supra), Narinder Singh Vs. State of Punjab (supra) & Yogendra Yadav Vs. State of Jharkhand (supra), which have been relied upon by the learned counsel for the applicant finds force that this court in exercise of its inherent power under section 482 Cr.P.C. can quash the proceeding as the dispute has been amicably settled between the parties.
Hence, considering the facts and circumstances of the case and nature of offence the proceeding of the aforesaid case hereby quashed.
The present 482 Cr.P.C. application stands allowed.
Order Date :- 26.8.2022
Arti/-
(Shekhar Kumar Yadav,J.)
