Allahabad High Court
Mahendra Singh And Another vs State Of U.P. And Another on 11 August, 2023
Bench: Arun Kumar Deshwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:163763
Court No. - 93
Case :- APPLICATION U/S 482 No. - 2934 of 2021
Applicant :- Mahendra Singh And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Lalji Yadav,Vinay Kumar,Yashpal Yadav
Counsel for Opposite Party :- G.A.,Deependra Yadav,Ravikant Shukla
Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard learned counsel for the applicants and Sri Ravikant Shukla, learned appearing on behalf of opposite party no. 4.
2. The present application has been filed seeking the following relief:
"It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the application and quash the order dated 21.12.2019 (Annexure No. 4), Charge-sheet dated 29.01.2011 and proceedings at S.T. No. 327 of 2017 (State vs. Mahendra Singh) arising out of F.I.R. at Case Crime No. 329A of 2010 under Section 392, 323, 504 and 506 I.P.C. P.S. Kotwali Kanpur, District Kanpur Nagar and pending before Additional Session Judge, Court No. III, Fatehpur. "
3. Contention of learned counsel for the applicants is that both the parties have filed cases against each other and now they have amicably settled their dispute and entered into compromise and same was also reduced into written settlement. This Court vide order dated 01.08.2022 directed to Court below to verify the compromise between the parties and after verification, the report of verification of compromise be sent to this Court. Copy of the order dated 01.08.2022 of this Court is being reproduced as under:
"Heard learned counsel for the applicants, Sri Deependra Yadav, learned counsel for the opposite party no.2, learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed to quash the order dated 21.12.2019, charge sheet dated 29.1.2011 and proceedings at S.T. No. 327/2017 (State vs. Mahendra Singh), arising out of F.I.R. at Case Crime No. 329A/2010, under Sections - 392, 323, 504, 506 I.P.C., Police Station - Kotwali Kanpur, District - Kanpur Nagar, pending before Addl. Session Judge, Court No. III, Fatehpur.
Learned counsel for the applicants submits that applicants and opposite party no. 2 have settled their dispute. However, the physical verification of the same is required to be made by the court concerned.
Sri Deependra Yadav, learned counsel for the opposite party no.2 and learned A.G.A. do not dispute the submission made by learned counsel for the applicants and they have no objection to it.
Accordingly, it is provided that both the parties shall appear before the court below on 11.08.2022 and shall file an application along with a certified copy of this order for verification of the original compromise document. It is expected that the court below may verify the compromise entered into between the parties and pass an appropriate order with respect to the verification. Upon due verification, the court below may pass appropriate order in that regard and send verification report to this Court before the next date of listing of the case.
List this case on 26.08.2022 in the additional cause list along with the verification report.
Till then, no coercive action shall be taken against the applicants."
4. In pursuance of order dated 01.08.2022, Additional District & Sessions Judge, Court No. III, Fatehpur sent a report dated 16.08.2022 alongwith report, verified compromise dated 02.05.2019 was also annexed, which was verified by Additional Sessions Judge, Court No. III, Fatehpur on 11.08.2022. This fact of amicable settlement and verification of compromise by the Court below is also accepted by the counsel for opposite party no. 2.
5. Considering the fact that the parties have settled their dispute amicably and dispute is having been predominant character of personal in nature, therefore, in view of the law laid down by Hon'ble Apex Court in the judgment of Gian Singh vs State of Punjab & Another; (2012) 10 SCC 303, Narinder Singh & Ors vs State Of Punjab & Another; (2014) 6 SCC 477 as well as State of M.P. Vs. Laxmi Narayan; AIR 2019 SC 1296, proceeding of Sessions Trial No. 327 of 2017 (State vs. Mahendra Singh) arising out of Case Crime No. 329A of 2010, under Section 392, 323, 504, 506 I.P.C, P.S. Kotwali, District Kanpur Nagar, pending before Additional Sessions Judge, Court No. III, Fatehpur is hereby quashed.
6. With the aforesaid observations, the present application is allowed.
Order Date :- 11.8.2023/Ruhi H.
