Allahabad High Court
Som Nath Malhotra @ S.N Mahotra vs State Of U.P. And Another on 25 May, 2022
Bench: Suresh Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 90
Case :- APPLICATION U/S 482 No. - 26860 of 2021
Applicant :- Som Nath Malhotra @ S.N Mahotra
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Himanshu Rai
Counsel for Opposite Party :- G.A.,Piyush Sinha
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for applicants, learned A.G.A. for the State and perused the material available on record.
By means of this application under Section 482 Cr.P.C., the applicant has prayed following reliefs:-
"to pass an order or direction for set aside the entire proceedings of Case No. 4521 of 2019 (State Vs. Rohit Gupta & Another), under sections 504, 506, 509 I.P.C., Police Station-Noida Sector-20, District-Gautam Budh Nagar, pending in the court of Chief Judicial Magistrate, Gautam Budh Nagar, arising out of Case Crime No. 1755 of 2018, under section 341, 509 I.P.C. on the basis of compromise settlement dated 11.10.2021 as well as to stay the further proceedings."
At the very outset, learned counsel for applicants has submitted that the dispute between the parties has been amicably settled and the parties have entered into a compromise (by means of compromise deed dated 11.10.2021), which has been verified by the court below on 5.5.2022 in compliance of order passed by this Court.
Learned counsel for opposite party no. 2 does not dispute the correctness of the submission made by learned counsel for applicants or the correctness of the documents relied upon by him. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid are quashed.
Learned counsel for applicants in support of his contention has placed reliance on the judgments of Hon'ble Apex Court in the case of Narinder Singh Vs. State of Punjab reported in (2014) 6 SCC 466, Yogendra Yadav Vs. State of Jharkhand reported in (2014) 9 SCC 653 and Parbatbhai Aahir Vs. State of Gujarat reported in (2017) 9 SCC 641 and has submitted that the applicants and opposite party no. 2 have settled through compromise their private and civil disputes and as such opposite party no. 2 does not wish to press the aforesaid case against the applicant. Opposite party no. 2 is ready to withdraw the prosecution of the applicant and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on.
From perusal of the record, it is apparent that the parties have entered in to compromise and have settled their dispute amicably and it is highly doubtful if the ingredients of the offence as alleged are made out.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties regarding the compromise entered into between the parties. Taking all these factors into consideration cumulatively, the compromise between the parties be accepted and further taking into account the legal position as laid down by the Apex Court in the case of Narinder Singh Vs. State of Punjab (supra), Yogendra Yadav Vs. State of Jharkhand (supra) and Parbatbhai Aahir Vs. State of Gujarat (supra) the entire proceedings of the aforesaid case is hereby quashed.
With the aforesaid observations/directions, the present application under section 482 Cr.P.C. stands allowed.
Order of this Court be communicated to the court below for necessary compliance.
Order Date :- 25.5.2022
Vibha Singh
