Kaneez Bano @ Kaneez Fizza @ Kanij ... vs State Of U.P Thru. Prin. Secy. Home ...
2022 Latest Caselaw 3267 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 13
 

 
Case :- APPLICATION U/S 482 No. - 2698 of 2022
 

 
Applicant :- Kaneez Bano @ Kaneez Fizza @ Kanij And And 4 Others
 
Opposite Party :- State Of U.P Thru. Prin. Secy. Home And Another
 
Counsel for Applicant :- Syed Ahmad Abbas Zaidi,Syed Fazal Abbas Rizvi
 
Counsel for Opposite Party :- G.A.,Saquib Siddiqui
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the applicants and learned counsel appearing on behalf of private respondent as also learned A.G.A..

By means of present petition, the petitioners have prayed for quashing of entire proceedings of Criminal Case No.31870 of 2016 State vs. Kaneez Bano and others, arising out of case crime No.209 of 2015 under sections 147, 452, 323, 504, 506 I.P.C., P.S. Talkatora, district Lucknow.

Learned counsel for the petitioners submits that the parties have entered into compromise outside the court. On the basis of compromise which is on record, a petition under section 482 CrPC, bearing No. 4842 of 2021 was filed by the petitioners. The said petition has been disposed of vide order dated 26.11.2021 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 vide order dated 18.12.2021 which is on record.

It is submitted on behalf of the petitioners that the dispute between the petitioners and private respondent 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 and (2014)6 SCC 466 Narinder Singh and others versus State of Punjab and another and Parbatbhai Aahir alias Parbatbhai Bhimsinhbhai Karmur and others versus State of Gujarat and another (2017)9 SCC 641.

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 aforesaid cases 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 :- 18.5.2022

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