Allahabad High Court
Lakki @ Shubham And 3 Others vs State Of U.P. And Another on 3 August, 2023
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:155965
Court No. - 87
Case :- APPLICATION U/S 482 No. - 39503 of 2019
Applicant :- Lakki @ Shubham And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Manoj Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
1. Heard learned counsel for the applicants, learned AGA for the State and Sri Saurabh Raj, Advocate holding brief of Sri Saleem Ahmad, learned counsel for opposite party no. 2.
2. The present application under section 482 Cr.P.C. has been filed for quashing the charge sheet dated 04.06.2013 and cognizance order dated 26.07.2013 passed by Additional Chief Judicial Magistrate/Civil Judge (Senior Division)-I, Gorakhpur as well as entire proceedings of Case No. 913 of 2013 (State vs. Lakki @ Shubham & others), arising out of Case Crime No. 52 of 2013, under sections 308, 323, 504, 506 I.P.C., P.S.- Barhalganj, District- Gorakhpur, pending in the court of Additional Chief Judicial Magistrate/Civil Judge (Senior Division)-I, Gorakhpur.
3. The case was heard on 20.03.2023 and Court has passed the following order:-
"Learned counsel for the applicants and learned counsel for the opposite party no.2 are present.
Learned counsel for the opposite party no.2 has filed a compromise affidavit that the parties have arrived at a compromise, wherein at page-13 compromise entered between the parties on 19.07.2019 has been placed before the Court.
The dispute is personal. The compromise between the parties would not affect the society adversely rather it would bring harmony among them. As some of the sections involved are non compoundable, hence, the parties are directed to appear before the trial court within 15 days from today alongwith their compromise deed. If the parties appear before the trial court within the time stipulated, the trial court shall verify the said compromise deed, pass a verification order thereon and transmit the certified copy of the verified compromise deed alongwith the certified copy of the verification order passed thereon, to this Court within 15 days thereafter.
List on 05th May, 2023."
4. Learned counsel for the applicants has filed supplementary affidavit annexing order dated 21.04.2023 passed by Civil Judge(Jr. Dev) F.T.C., Gorakhpur verifying the compromise between the parties. He next submitted that parties have entered into compromise and no dispute is remain between the parties as on date. Therefore, in light of compromise deed, present proceeding may be quashed.
5. Learned counsel appearing for opposite party no. 2 has supported the case of applicant by way of compromise affidavit. He further submitted that opposite party no. 2 does not want to press the present proceeding and in case proceeding is quashed, he would have no objection.
6. In view of the facts and circumstances of the case, the applicants and opposite party no. 2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.
7. Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi) Vs. State of Haryana) as well as the judgement of the Apex Court reported in J.T. 2008(() SC 192 (Nikhil Merchant Vs. Central Burea of Investigation and another), as well as judgment of the Apex Court reported in (2012) 10 SCC 303 (Gian Singh Vs. Stated of Punjab) and reported in (2014) Supreme Today 642 (Narinder Singh & others Vs. State of Punjab and another), the proceedings of the aforesaid case is hereby quashed.
8. The present application is, accordingly allowed.
9. No order as to costs.
Order Date :- 3.8.2023
Sartaj
