Allahabad High Court
Haridwar Jaiswal And 3 Others vs State Of U.P. And Another on 10 August, 2022
Bench: Sameer Jain
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 84
Case :- APPLICATION U/S 482 No. - 24263 of 2019
Applicant :- Haridwar Jaiswal And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Deepak Kumar Tripathi
Counsel for Opposite Party :- G.A.,Ajay Kumar Mishra
Hon'ble Sameer Jain,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Deepak Kumar Tripathi, learned counsel for the applicants, Sri Pradeep Kumar Tiwari, Advocate holding brief of Sri Ajay Kumar Mishra, learned counsel for the opposite party no.2 and Dr. S.B. Maurya, learned AGA-I for the State.
By way of present application, applicants made a prayer to quash the judgment and order dated 08.05.2019 passed by ASJ/FTC-I Sant Kabir Nagar in Criminal Revision No. 20 of 2019 (Haridwar Jaiswal and others Vs. State of U.P. and another) as well as summoning order dated 02.02.2015 passed by Judicial Magistrate/Civil Judge (Junior Division) Sant Kabir Nagar in Complaint Case No. 3618 of 2015, under Sections 323, 504, 506 IPC, Police Station Mehdawal, District Sant Kabir Nagar.
Learned counsel for the applicants submitted that applicants are facing prosecution under Sections 323, 504, 506 IPC arising out of Complaint Case No. 3618 of 2015. He next submitted that during pendency of trial, both the parties have amicably settled their dispute and in this regard on 13.08.2021 a compromise was executed between them, which was filed along with short counter affidavit filed by opposite party no.2 as CA-1. He next submitted that pursuant to the order passed by this Court, compromise dated 13.08.2021 has been duly verified and the verification report has been filed by the applicants by way of supplementary affidavit dated 05.04.2021, which is annexed as Annexure SA-1 to the supplementary affidavit. He next submitted that the present matter is of Sections 323, 504, 506 IPC and both the parties have amicably settled their dispute and no dispute left between them and even opposite party no.2 is having no objection if on the basis of compromise, proceedings pending against the applicants be quashed, therefore, instant application should be allowed.
Learned counsel for the opposite party no.2 also conceded that both the parties have amicably settled their dispute and compromise executed between them has been duly verified by the court below pursuant to the order passed by this Court and opposite party no.2 is having no objection if proceedings pending against the applicants be quashed on the basis of compromise.
Learned AGA is also having no objection if on the basis of compromise, the proceedings pending against the applicants is quashed as, compromise executed between the parties is now duly verified by the court below pursuant to the order passed by this Court.
I have heard both the parties and perused the record of the case.
Record of the case shows that opposite party no.2 lodged criminal complaint against the applicants, in which they were summoned but during the course of trial, both the parties have amicably settled their dispute and this Court directed the court below to verify the compromise executed between them. On the direction given by this Court, court below verified the compromise executed between the parties in accordance with law and verification order dated 29.03.2022 passed by the court below is on record, which was filed by the applicants by way of supplementary affidavit as Annexure SA-1.
As, the present matter is of Sections 323, 504, 506 IPC and opposite party no.2 and applicants have amicably settled their dispute and compromise executed between them has now been duly verified and opposite party no.2 is also having no objection, if proceedings pending against the applicants be quashed on the basis of compromise, therefore, in view of the matter, proceedings pending against the applicants in the aforesaid case is hereby quashed on the basis of compromise executed between the parties.
The present application u/s 482 Cr.P.C. is allowed in terms of settlement/compromise made between the parties concerned.
Order Date :- 10.8.2022
AK Pandey
