Golha Sigh @ Vishwanath Singh And ... vs State Of U.P. Thru. Prin. ...
2022 Latest Caselaw 4276 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 13
 

 
Case :- APPLICATION U/S 482 No. - 5753 of 2021
 

 
Applicant :- Golha Sigh @ Vishwanath Singh And Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy.Home. Lko And Another
 
Counsel for Applicant :- Ashok Kumar Singh
 
Counsel for Opposite Party :- G.A.,Pankaj Kumar Awasthi
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the applicants and learned A.G.A. as also Mr. Ashish Tiwari, Advocate holding brief of Mr. Pankaj Kumar Awasthi, learned counsel for private respondent.

By means of present petition, the petitioners have prayed for quashing of entire proceedings of S.T. No.1166 of 2010 State vs. Deshraj and others arising out of case crime No.4 of 2009 under sections 308, 326, 323, 504 I.P.C., P.S. Imliya Sultanpur, district Sitapur, as also charge sheet dated 3.2.2009.

Learned counsel for the petitioners submits that the parties have entered into compromise outside the court. The copy of compromise is on record. This Court vide order dated 24.12.2021 directed the parties to appear before the trial court for verification of the compromise and the learned Magistrate has verified the compromise in the presence of the parties vide order dated 13.1.2022 which is also 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.

Learned A.G.A. has submitted that the charge sheet has been filed against four accused persons and only three accused persons have come before this Court for quashing of the proceedings.

In reply, learned counsel for petitioners submits that the accused Deshraj has died. Specific pleading in this regard has been made in para 9 of the petition.

Learned A.G.A. at this stage submits that he has no objection in case the proceedings are quashed on the basis of compromise.

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 :- 26.5.2022

kkb/