Mohan Lal And 2 Others vs State Of U.P. And Another
2023 Latest Caselaw 22744 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:169732
 
Court No. - 93
 

 
Case :- APPLICATION U/S 482 No. - 12248 of 2017
 

 
Applicant :- Mohan Lal And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ram Sumer Chaudhary
 
Counsel for Opposite Party :- G.A.,Shiva Kant Srivastava
 

 
Hon'ble Arun Kumar Singh Deshwal,J.

Heard Sri R.S. Chaudhary, learned counsel for the applicants, learned A.G.A. for the State and Sri R.B. Diwakar, Advocate holding brief of Sri Shiva Kant Srivastava, learned counsel for opposite party no.2.

The instant application has been moved on behalf of the applicants to quash the cognizance order dated 03.03.2017 as well as impugned charge sheet no.49/16 dated 08.06.2016 in Case No.167 of 2017 (State Vs. Mohan Lal and others), arising out of Case Crime No.123 of 2016, under Sections 323, 336, 308 IPC, Police Station Sultanpur Ghosh, District Fatehpur, pending in the court of Additional Chief Judicial Magistrate, Court No.11, Fatehpur.

Contention of learned counsel for the applicants is that the dispute between the parties was private in nature, therefore, they have settled their dispute amicably through written compromise.

This Court vide order dated 24.04.2017 directed to the applicants to file compromise deed before the court below with further direction to the court below to verify the same after summoning the parties and send his report to this Court.

In pursuance of order dated 24.04.2017 of this Court, Additional Chief Judicial Magistrate, Court No.11, Fatehpur has submitted his report dated 03.07.2017 mentioning the fact that he has verified the compromise between the parties and a copy of the same has been annexed with supplementary affidavit dated 16.08.2023 filed by learned counsel for the applicants.

Considering the above facts as well as law laid down by the Apex Court in the judgment of Gian Singh Vs. State of Punjab & Another (2012) 10 SCC 303, Narinder Singh & Others Vs. State of Punjab & Another (2014) 6 SCC 477 and State of M.P. Vs. Laxmi Narayan, AIR 2019 SC 1296 and State of M.P. Vs. Dhruv Gurjar, AIR 2017 SC 1106, the proceeding of Case No.167 of 2017 (State Vs. Mohan Lal and others), arising out of Case Crime No.123 of 2016, under Sections 323, 336, 308 IPC, Police Station Sultanpur Ghosh, District Fatehpur, pending in the court of Additional Chief Judicial Magistrate, Court No.11, Fatehpur, is hereby quashed.

In view of the aforesaid observations, the application is allowed.

Order Date :- 22.8.2023

Atul