Raees Ahmad @ Fainu And Others vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 1938 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 13
 

 
Case :- APPLICATION U/S 482 No. - 2230 of 2022
 

 
Applicant :- Raees Ahmad @ Fainu And Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Others
 
Counsel for Applicant :- Ganesh Kumar Gupta,Mohammed Asif Khan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the applicants and learned A.G.A. as also Mr. Vishnu Kumar Srivastava, Advocate who has appeared for respondent No.2 and filed vakalatnama today in court on his behalf which is taken on record.

By means of present petition, the petitioners have prayed for quashing of entire proceedings of Case No.33807 of 2016 State versus Raees Ahamad alias Fainu and others arising out of case crime No.225-A of 2015 under sections 147, 148, 149, 323, 504, 506 I.P.C., P.S. Madiyaon, district Lucknow, pending before the Judicial Magistrate-III, Lucknow as also summoning order dated 21.7.2016.

Learned counsel for the petitioners submits that the petitioners and respondent No.2 have entered into compromise outside the court. On the basis of compromise which is on record, a petition under section 482 CrPC, bearing No. 1574 of 2021 was filed by the petitioners. The said petition has been disposed of vide order dated 12.7.2021, whereby, the trial court was directed to verify the compromise in presence of the parties. In compliance of the said order, the parties have appeared before the trial court and the learned Magistrate has verified the compromise in the presence of the parties which is on record.

It is submitted on behalf of the petitioners that the dispute between the petitioners and private respondent No.2 has been amicably settled by way of compromise, which has been verified under orders of this Court. Therefore, the impugned proceedings are liable to be quashed.

Learned counsel has relied on judgment of Supreme Court in (2012)10 SCC 303 Gian Singh versus State of Punjab and another.

Learned counsel for respondent No.2 concedes the arguments advanced by petitioners' counsel.

On due consideration to the submission(s) of parties' counsel, the compromise entered into between the parties as well as the verification report, the judgment in Gian Singh's case (supra) and perusal of the record, this Court is of the view that the impugned proceedings are liable to be and are hereby quashed.

The petition is accordingly disposed of.

Order Date :- 4.5.2022

kkb/