Naseem Jahan vs State Of U.P. Thru. Addl. Chief ...
2022 Latest Caselaw 4792 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 13
 

 
Case :- APPLICATION U/S 482 No. - 3278 of 2022
 

 
Applicant :- Naseem Jahan
 
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another
 
Counsel for Applicant :- Viksit Srivastava,Abhishek Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the petitioner, learned A.G.A. for the State and Shri Vivek Chandra, Advocate who has filed Vakalatnama on behalf of respondent no.2, which is taken on record..

The petition seeks quashing of the entire proceedings including impugned summoning order dated 19.4.2018 in Crl. Case No.1088 of 2018 (State of U.P. vs. Naseem Jahan and another) passed by Additional Chief Judicial Magistrate -III, Lucknow.

Learned counsel for the parties submit that the petitioner and respondent no.2 have amicably settled their dispute outside the court vide compromise dated 11.4.2022, copy of which is on record as Annexure-5 to the petition.

Further it has been submitted by learned counsel for the petitioner that in compliance of order passed by this Court dated 20.4.2022 the compromise has been verified by the learned court below. The verification report of learned court below dated 19.5.2022 is on record as Annexure-6 to the petition.

Learned counsel for respondent no.2 concedes the argument made by learned counsel for the petitioners.

Learned counsel for the parties submits that in view of the judgments of Hon'ble Apex Court in B. S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus State of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466, the proceedings pending before learned trial court are liable to be quashed.

In view of the fact that the parties have settled their dispute outside the Court by way of compromise and from perusal of the record it appears that the compromise has been verified by court below and the verification report dated 19.5.2022 is on record as well as law laid down by the Hon'ble Supreme Court of India in the cases (supra), the present petition is allowed and the criminal proceedings (supra) are hereby quashed.

Order Date :- 31.5.2022

Madhu