Allahabad High Court
Kallu Singh vs State Of U.P. And 2 Others on 28 August, 2023
Bench: Surendra Singh-I
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:173527
Court No. - 92
Case :- APPLICATION U/S 482 No. - 20671 of 2023
Applicant :- Kallu Singh
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Yadavendra Dwivedi
Counsel for Opposite Party :- G.A.
Hon'ble Surendra Singh-I,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 24.5.2019 as well as the entire proceedings of Criminal Case No. 7717 of 2020 (State Vs. Kallu Singh and others), arising out of Case Crime No. 73 of 2019, under Sections- 452, 323 and 504 I.P.C., Police Station-Ghazipur , District-Fatehpur, pending in the court of Civil Judge (Junior Division)/ Judicial Magistrate, Court no. 2, Fatehpur.
Learned counsel for the applicant submits that the applicant and the injured are real brothers. The dispute between the parties is purely civil in nature and the parties have entered into a compromise and and have settled their dispute amicably in writing, which has also been verified by the court below on 6.7.2023.
Learned counsel appearing for the opposite party nos. 2 and 3 does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. In fact the present counter affidavit discloses that the compromise has been entered into between the parties. He submits that opposite party nos. 2 and 3 have no objection, if the proceedings in the aforesaid case are quashed.
Report received from the Additional Civil Judge (J.D.)/ Judicial Magistrate, Court no. 2, Fatehpur indicates that on 23.7.2023 the informant Babita Singh and accused Kallu Singh, Mahendra Singh and Lalit Singh have appeared before the trial Court and they have verified the compromise deed filed by them. Both the parties were identified by their counsels. The report is supported with the compromise deed verified by the parties in the trial court.
Learned counsel for the applicant in support of his contention has placed reliance on the judgments of Apex Court in the case of Narinder Singh vs. State of Punjab reported in (2014) 6 SCC 466, Yogendra Yadav vs. State of Jharkhand reported in (2014) 9 SCC 653 and Parbatbhai Aahir Vs. State of Gujarat reported in (2017) 9 SCC 641 and has submitted that the applicant and opposite party no.3 have settled through compromise their private and civil dispute and as such opposite party no.2 does not wish to press the aforesaid case against the applicant. Opposite party nos. 2 and 3 are ready to withdraw the prosecution of the applicant and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on.
From perusal of the record, it is apparent that parties have entered into compromise and have settled their dispute amicably.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties regarding the compromise entered into between the parties. Taking all these factors into consideration cumulatively, the compromise between parties be accepted and further taking into account the legal position as laid down by the Apex Court in the case of Narinder Singh vs. State of Punjab (supra), Yogendra Yadav vs. State of Jharkhand (supra) and Parbatbhai Aahir Vs. State of Gujarat (supra) the entire proceedings of the aforesaid case is hereby quashed.
The present 482 Cr.P.C. application stands allowed,
Order Date :- 28.8.2023
Faridul
