Allahabad High Court
Rajendra Kumar @ Rajendra Nishad vs State Of U.P. Thru. Prin. Secy. Lko ... on 27 April, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 28
Case :- APPLICATION U/S 482 No. - 4147 of 2023
Applicant :- Rajendra Kumar @ Rajendra Nishad
Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko And Another
Counsel for Applicant :- Raj Priya Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Sri Ambuj Kumar, learned counsel has put in appearance on behalf of the opposite party no.2 by way of filing vakalatnama, which is taken on record.
Heard learned counsel for the applicant, Sri Nirmal Kumar Yadav, learned A.G.A. for the State, Sri Ambuj Kumar, learned counsel for the opposite party no.2 and perused the record.
By means of the instant application, the applicant has prayed for quashing of the entire criminal proceedings of Criminal Case No.3223 of 2020, State Vs. Rajendra Nishad, arising out of Case Crime No.40 of 2020 under Section 420 I.P.C. registered at Police Station Dostpur, District Sultanpur on the basis of written compromise dated 22.12.2022 executed between the applicant and opposite party no.2 which has been duly verified by the Additional Chief Judicial Magistrate, Court No.19, Sultanpur, vide its order dated 22.3.2023 in compliance of the order dated 16.2.2023 passed by this Hon'ble Court in Criminal Misc. Case No.1544 of 2023 under Section 482 Cr.P.C.
Learned counsel for the applicant submits that due to certain misunderstanding, the instant F.I.R. was lodged against the applicant. He added that later on, the parties sat together and have amicably settled their disputes, which has been reduced in writing on 22.12.2022. Thereafter, the applicant filed an Application U/S 482 No.1544 of 2023 wherein on 16.2.2023 this Court has directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 22.3.2023. He submits that now there is no dispute in between the parties and they have settled their dispute. He submits that further criminal proceedings in the instant matter would amount to harassment and, thus, the instant criminal proceedings arising out of Case Crime No.40 of 2020 may be quashed.
Learned counsel for the opposite party no.2 has also supported the version of the learned counsel for the applicants and submits that parties have amicably settled their dispute and the opposite party no.2 has no grievance, hence, criminal proceedings against the applicants may be dropped.
Learned counsel for the State has no objection to the submissions aforesaid.
Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 22.12.2022 and said compromise has been verified on 22.3.2023 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings relating to Case Crime No.40 of 2020.
In view of the above, as the applicants and opposite parties have entered into compromise on 22.12.2022 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 Judgments 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.
Accordingly, entire criminal proceedings of aforementioned Criminal Case No.3223 of 2020 arising out of Case Crime No.40 of 2020 are hereby quashed.
The compromise shall be part of this order.
The application is allowed accordingly.
Consigned to records.
Order Date :- 27.4.2023
Ram Murti
