Shivam Yadav And Others vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 22608 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:55375
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 7805 of 2023
 

 
Applicant :- Shivam Yadav And Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another
 
Counsel for Applicant :- Salik Ram Yadav
 
Counsel for Opposite Party :- G.A.,Amol Dixit
 

 
Hon'ble Shree Prakash Singh,J.

Supplementary affidavit filed today is taken on record.

Heard learned counsel for the applicants, Sri Aniruddh Kumar Singh, learned A.G.A.-I for the State, Sri Manoj Dixit, 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 proceeding pending before the J.M.II, Lucknow in Criminal Case No.28682 of 2017, F.I.R. No.64 of 2016 under Sections 147, 323, 504, 506, 354 I.P.C., State Vs. Shivam Yadav & others, Police Station Hasangaj, District Lucknow.

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 11.1.2022. Thereafter, the applicants filed an Application U/S 482 No.1656 of 2020 wherein this Court has directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 16.5.2023. 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 of aforementioned Criminal Case No.28682 of 2017 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 11.1.2022 and said compromise has been verified on 16.5.2023 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings relating toaforementioned Criminal Case No.28682 of 2017.

In view of the above, as the applicants and opposite parties have entered into compromise on 11.1.2022 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 ofCriminal Case No.28682 of 2017, F.I.R. No.64 of 2016 under Sections 147, 323, 504, 506, 354 I.P.C., State Vs. Shivam Yadav & others, Police Station Hasangaj, District Lucknow, are hereby quashed.

The compromise shall be part of this order.

The application is allowed accordingly.

Consigned to records.

Order Date :- 21.8.2023

Ram Murti