Allahabad High Court
Satveer And 10 Others vs State Of U.P. And Another on 17 April, 2023
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 71
Case :- APPLICATION U/S 482 No. - 6880 of 2023
Applicant :- Satveer And 10 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Devendra Nath Srivastava
Counsel for Opposite Party :- G.A.,Anil Kumar Shukla
Hon'ble Samit Gopal,J.
1. Heard Sri Devendra Nath Srivastava, learned counsel for the applicants, Sri Anil Kumar Shukla, learned counsel for opposite party no.2, Sri Shashikant Pandey, learned counsel appearing for the State and perused the record.
2. The present application under Section 482 Cr.P.C., has been filed by the applicants- Satveer, Shyam Singh, Rajbhoj, Bittu @ Rupesh, Kuber, Sushant @ Kallu, Praveen, Amit, Ramveer, Lokendra and Jagdish with the prayer to allow this application and quash the entire criminal proceeding of S.T. No. 103 of 2012 arising out of Case Crime No. 394A of 2011 under Sections 147, 148, 149, 307, 324, 323, 325, 504, 506 I.P.C., Police Station Nakud, District Saharanpur pending before Additional Session Judge, Court No. 1, Saharanpur in terms of compromise which has already been verified by the court below as per direction issued by this Hon'ble Court with a further prayer that proceedings of the aforesaid case be stayed against the applicants during the pendency of the present application.
3. It has been contended by learned counsel for the applicants that the parties have amicably settled their dispute and entered into compromise and earlier this Court vide order dated 24.02.2023 sent the matter to the Court below to verify the fact of compromise. Thereafter, in compliance of this Court's order dated 24.02.2023, both the parties appeared before the court below, on which the learned Magistrate verified the compromise entered into between the parties and prepared a report dated 10.03.2023, hence the proceeding against the applicants be quashed.
4. Learned counsel for the applicant in support of his contention has placed reliance on the judgment of Apex Court in the case of Apex Court in the case of Manoj Sharma Vs. State, (2008)16 SCC1 & Narinder Singh Vs. State of Punjab, (2014) 6 SCC 466 and has submitted that the applicant and opp. party No.2 have compromised the dispute and as such opp. party No.2 does not want to press the present case against the applicants.
5. Learned counsel for opp. party no.2 and learned AGA have stated that they have no objection if the proceeding of the aforesaid case is quashed against the applicant.
6. From the perusal of the record, it is apparent that parties have entered into compromise and have settled their dispute amicably. The fact of compromise has been verified by the Court below in compliance of this Court's order dated 24.02.2023 as is evident from the Office report dated 06.04.2023 alongwith which report of Additional Session Judge, Court No. 1, Saharanpur is annexed with regard to verification of the compromise.
7. 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, there is minimal chance of witnesses coming forward in support of prosecution case and it may become difficult to prove the prosecution case, hence chances of conviction appear to be remote. Taking all these factors into consideration cumulatively, the compromise between parties be accepted and further taking into account the legal position as laid down by the Apex court in the case of Manoj Sharma Vs. State (supra) & Narinder Singh Vs. State of Punjab (supra) that this court in exercise of its inherent power under section 482 Cr.P.C. can quash the proceeding.
8. Hence, in view of the above, entire proceedings of the aforesaid case hereby quashed.
9. The present 482 Cr.P.C. application stands allowed.
Order Date :- 17.4.2023
Shiraz
(Samit Gopal, J.)
