Allahabad High Court
Suresh Pal Master And Another vs State Of U.P. Thru. Prin. Secy. ... on 21 April, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 28
Case :- APPLICATION U/S 482 No. - 3867 of 2023
Applicant :- Suresh Pal Master And Another
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another
Counsel for Applicant :- Brijesh Kumar Verma,Smt. Manorama Bajpai
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Sri Ajay Kumar Singh, Advocate has put in appearance by filing Vakalatnama on behalf of the opposite parties no. 2 and the same is taken on record.
Heard learned counsel for the applicants, Sri Aniruddha Kumar Singh, learned A.G.A. for the State, Sri Ajay Kumar Singh, learned counsel for the opposite parties no. 2 and perused the record.
By means of the instant application, the applicants have prayed for quashing the charge sheet no. 117 of 1999, dated 22.12.1999 and the summoning order dated 23.01.2023 passed by the ACJM-II District Hardoi in criminal case no. 10482 of 2018 (State Vs Sonelal & ors) pending in the court of ACJM-IInd Hardoi.
Learned counsel appearing for the applicants submits that due to some misunderstanding the instant FIR was lodged and thereafter the parties were sit together and they have settled their dispute and that too has been reduced in writing as a compromise deed dated 20.02.2023. Adding his arguments, he submits that now the parties have put their all disputes at rest by way of executing compromise deed and thus further criminal proceedings against the present applicants would be a futile exercise and amount to harassment of the applicants.
Adding his arguments, he also submits that this Hon'ble Court vide order dated 27.02.2023 has referred the matter for compromise verification in Application U/S 482 Cr.P.C. No. 1922 of 2023 and in compliance of the aforesaid order, both the parties have appeared before the court below and the compromise deed dated 20.02.2023 has been verified in presence of all concerned parties and the order of verification was passed on 14.03.2023 by the ACJM-IInd Hardoi. He next added that now the matter has been compromised between the parties, and as such the proceedings of criminal case no. 10482 of 2018 (State Vs Sonelal & ors) pending in the court of ACJM-IInd Hardoi may be quashed.
In support of his contentions, he has placed reliance on the Judgment in the case of State of Madhya Pradesh Versus Laxmi Narayan and Others, reported in (2019) 5 Supreme Court Cases,688.
On the other hand, learned counsel for the opposite parties no. 2 has also supported the version of the applicants and submits that the parties have entered into compromise deed and now there is no dispute in between the parties and thus the criminal proceeding against the applicant may be dropped.
On the other hand, learned AGA appearing for the State has no objection to the contentions aforesaid.
Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 08.12.2022 and said compromise has been verified on 02.02.2023 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned State of U.P. versus Vikram Nishad and another, arising out of aforementioned Case Crime No. 119 of 1999.
In view of the above, as the applicants and opposite parties have entered into compromise on 05.08.2022 and no grievance remains to be agitated and as such, further criminal proceedings in the aforementioned criminal case are liable to be set aside in view of the Judgements of the Apex Court rendered in B.S. Joshi and others Vs. State of Haryana and another (2003)4 SCC 675; Nikhil Merchant Vs. Central Bureau of Investigation[2008)9 SCC 677]; Manoj Sharma Vs. State and others ( 2008) 16 SCC 1; Gian Singh Vs. State of Punjab (2012) 10 SCC 303; and Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466.
Resultantly, Criminal proceedings of charge sheet no. 117 of 1999, dated 22.12.1999 and the summoning order dated 23.01.2023 passed by the ACJM-II District Hardoi in criminal case no. 10482 of 2018 (State Vs Sonelal & ors) pending in the court of ACJM-IInd Hardoi are hereby quashed.
The compromise deed shall be part of this order.
Consequences to be followed.
The application is allowed accordingly.
Order Date :- 21.4.2023/Mayank
