Allahabad High Court
Vaibhav Mishra 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. - 4098 of 2023
Applicant :- Vaibhav Mishra
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others
Counsel for Applicant :- Ravindra Kumar Singh,Mukesh Kumar Prajapati
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Sri Piyush Kumar Giri, learned counsel has put in appearance on behalf of the opposite party nos. 2 & 3 by way of filing vakalatnama, which is taken on record.
Heard learned counsel for the applicants, Sri Nirmal Kumar Pandey, learned A.G.A. for the State, Sri Piyush Kumar Giri, learned counsel for the opposite party nos.2 & 3 and perused the record.
By means of the instant application, the applicants have prayed for quashing of impugned charge-sheet and summoning order as well as the proceedings arising out of the said charge-sheet and summoning order dated 18.05.2019 in connection with the case crime no. 368 of 2018 under section- 279, 338 & 304A IPC PS- Bazar Khala, District-Lucknow against the petitioner, on the basis of the compromise which has been verified in compliance of the order dated 23.02.2023 passed by the this Court in Case no. 1817 of 2023 (A482) filed under section 482 Cr.P.C. Further prayer is to stay the proceedings of the aforementioned case 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 27.01.2023. Thereafter, the applicants filed an Application U/S 482 No. 1817 of 2023, wherein, vide order dated 23.2.2023, this Court has directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 31.3.2023. 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 Crime No.368 of 2018 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 27.1.2023 and said compromise has been verified on 31.3.2023 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.368 of 2018.
In view of the above, as the applicants and opposite party nos. 2 and 3 have entered into compromise on 27.1.2023 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 Case Crime No. 368 of 2018 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
