Pappu @ Pankaj And Others vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 4608 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 13
 

 
Case :- APPLICATION U/S 482 No. - 3213 of 2022
 

 
Applicant :- Pappu @ Pankaj And Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. And Another
 
Counsel for Applicant :- Bhagwati Prasad Nigam
 
Counsel for Opposite Party :- G.A., Jai Ram Bharti
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the applicants and Mr. Jai Ram Bharti, learned counsel who has filed vakalatnama for respondent No.2, which is taken on record as also learned A.G.A..

By means of present petition, the petitioners have prayed for quashing of entire proceedings of Special Sessions Trial No.101 of 2010 arising out of case crime No.877 of 2009 under sections 323, 325, 504, 506 I.P.C.and section 3(1)(X) of SC/ST Act, P.S. Bilgram, district Hardoi (State versus Pappu and others) as also charge sheet.

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.1592 of 2022 was filed by the petitioners. The said petition has been disposed of vide order dated 6.4.2022, 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 21.4.2022.

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 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 case 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 :- 30.5.2022

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