Amit Kanchhal vs State Of U.P. And Others
2022 Latest Caselaw 4078 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 13
 

 
Case :- APPLICATION U/S 482 No. - 96 of 2021
 

 
Applicant :- Amit Kanchhal
 
Opposite Party :- State of U.P. and Others
 
Counsel for Applicant :- Angad Kumar Vishwakarma,Rakesh Kumar Upadhyaya
 
Counsel for Opposite Party :- G.A.,Ambrish Tripathi
 

 
Hon'ble Karunesh Singh Pawar,J.

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

The petition has been filed by the petitioner for quashing the Charge Sheet No. 606 of 2018 dated 26.06.2018, U/S 323, 406, 420, 504 & 506 I.P.C. in Case Crime No. 970 of 2017, lodged at P.S. Hazratganj, District Lucknow and summoning order dated 09.10.2018 as well as proceeding of Crl. Case No. 57009 of 2018 (State Vs. Amit Kanchhal) pending before the Chief Judicial Magistrate, District - Lucknow.

Learned counsel for the petitioner 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.2171 of 2020 was filed by the petitioners. The said petition has been disposed of vide order dated 7.12.2020 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 18.12.2020 which is on record.

It is submitted on behalf of the petitioner 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.3 concedes the arguments advanced by petitioner's 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 :- 25.5.2022

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