Allahabad High Court
Ram Kishore Nai vs State Of U.P. Thru. Prin. Secy. ... 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. - 4113 of 2023
Applicant :- Ram Kishore Nai
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. And Another
Counsel for Applicant :- Akhilesh Kumar Sharma,Gyan Sagar Gupta
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Sri Mahesh Kumar Sharma, learned counsel has put in appearance on behalf of the opposite party no.2 by way of filing vakalatnama.
Heard learned counsel for the applicants, Sri Aniruddh Kumar Singh, learned A.G.A.-I for the State, Sri Mahesh Kumar Sharma, learned counsel for the opposite party no.2 and perused the record.
By means of the instant application, the applicants have prayed for quashing of the entire proceedings of Sessions Trial No.1351 of 2021, State Vs. Ram Kishore Nai arising out of Case Crime No.20 of 2021 under Sections 452/354 Kha, 504 I.P.C. and Section 3(2) Va, 3 (1) (Dha) SC/ST Act, Police Station Mall, District Lucknow pending in the court of Special Judge, SC/ST Act, Lucknow and impugned charge sheet dated 21.2.2021. Further prayer is to stay the further proceedings of the aforementioned sessions trial during the pendency of the instant application.
Learned counsel for the applicants submits that due to certain misunderstanding, the instant F.I.R. was lodged against the applicants. He added that later on, the parties sat together and have amicably settled their disputes, which has been reduced in writing on 21.3.2023. Thereafter, the applicants filed an Application U/S 482 No.3015 of 2023 wherein on 31.3.2023 this Court has directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 7.4.2023. 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 Sessions Trial No.1351 of 2021 arising out of Case Crime No.20 of 2021, 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 21.3.2023 and said compromise has been verified on 7.4.2023 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings relating to Sessions Trial No.1351 of 2021 arising out of Case Crime No.20 of 2021.
In view of the above, as the applicants and opposite party no.2 have entered into compromise on 21.3.2023 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 Sessions Trial No.1351 of 2021 arising out of Case Crime No.20 of 2021, 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
