Rehaan And Others vs State Of U.P. Thru. Prin. Secy. ...
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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 13
 

 
Case :- APPLICATION U/S 482 No. - 2279 of 2022
 

 
Applicant :- Rehaan And Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others
 
Counsel for Applicant :- Vishnu Kumar Srivastava,Surendra Kumar Mishra
 
Counsel for Opposite Party :- G.A.,Ganesh Kumar Gupta
 

 
Hon'ble Karunesh Singh Pawar,J.

Shri Ganesh Kumar Gupta, Advocate has filed Vakalatnama on behalf of respondent no.2 to 6, which is taken on record.

Heard learned counsel for the petitioners, learned A.G.A. for the State and learned counsel for respondent no.2 to 6.

Supplementary Affidavit filed by learned counsel for the petitioners is taken on record.

The petition seeks quashing of the entire proceedings arising out of Case Crime No.225 of 2015 under Sections 147, 148, 149, 323, 504 and 506 Indian Penal Code bearing Case No.33788 of 2016, State vs. Nadeem Ali and others on the basis of compromise entered between the parties.

Learned counsel for the parties submit that the petitioners and respondent nos.2 to 6 have amicably settled their dispute outside the court by way of compromise, copy of which is on record.

Further it has been submitted by learned counsel for the petitioners that in compliance of order passed by this Court dated 12.7.2021 in Case :- APPLICATION U/S 482 No.-1563 of 2021 the compromise has been verified by the learned court below on 17.9.2021, which is on record.

Learned counsel for respondent no.2 concedes the argument made by learned counsel for the petitioners.

Learned counsel for the parties submits that in view of the judgments of Hon'ble Apex Court in B. S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus State of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466, the proceedings pending before learned trial court are liable to be quashed.

In view of the fact that the parties have settled their dispute outside the Court by way of compromise and from perusal of the record it appears that the compromise has been verified by court below and the verification report is on record as well as law laid down by the Hon'ble Supreme Court of India in the cases (supra), the present petition is allowed and the criminal proceedings (supra) are hereby quashed.

Order Date :- 5.5.2022

Madhu