Citation : 2023 Latest Caselaw 23175 ALL
Judgement Date : 24 August, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:171857 Court No. - 93 Case :- APPLICATION U/S 482 No. - 21716 of 2021 Applicant :- Vinod Soni And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rafeek Ahmad Khan,Dileep Kumar Singh,Ramanuj Yadav Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
Heard Sri Dileep Kumar Singh, learned counsel for the applicants, learned A.G.A. for the State and learned counsel for opposite party no.2.
The instant application has been moved on behalf of the applicants to quash the entire proceeding of Special Case No.75 of 2007 (State Vs. Chatarpal Singh and others) arising out of Case Crime No.1251 of 2007, under Sections 387, 342, 504, 171 (Cha) I.P.C., in pursuance of compromise dated 13.10.2021, pending in the court of Additional Sessions Judge (First)/Special Judge (DAA), District Mahoba.
Contention of learned counsel for the applicants is that the parties have settled their dispute amicably through written compromise.
This Court vide order dated 08.11.2021 directed to the parties 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 08.11.2021 of this Court, compromise entered into between the parties has been verified by the Additional Sessions Judge (First)/Special Judge (DAA), District Mahoba by order dated 31.10.2022 and a copy of the same has been sent to this Court.
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 Special Case No.75 of 2007 (State Vs. Chatarpal Singh and others) arising out of Case Crime No.1251 of 2007, under Sections 387, 342, 504, 171 (Cha) I.P.C., in pursuance of compromise dated 13.10.2021, pending in the court of Additional Sessions Judge (First)/Special Judge (DAA), District Mahoba, is hereby quashed.
In view of the aforesaid observations, the application is allowed.
Order Date :- 24.8.2023
Atul
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