Citation : 2023 Latest Caselaw 23717 ALL
Judgement Date : 28 August, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:173573 Court No. - 93 Case :- APPLICATION U/S 482 No. - 355 of 2023 Applicant :- Salim Opposite Party :- State of U.P. and Another Counsel for Applicant :- B.N.Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The instant application has been moved on behalf of the applicant to quash the entire proceeding of Complaint Case No. 59 of 2014, Ram Kumar vs. Parmai and others, under Sections 323, 324, 392 I.P.C., Police Station Madhogarh, District Jalaun, pending in the court of Special Judge (DAA Act), Jalaun at Orai on the basis of compromise
Contention of learned counsel for the applicant is that the parties have settled their dispute amicably through written compromise.
This Court vide order dated 09.01.2023 directed to the applicant 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 09.01.2023 of this Court, learned Chief Judicial Magistrate, Jalaun at Orai has submitted his report dated 21.01.2023 along with verified compromise deed mentioning the fact that he has verified the compromise between the parties.
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 Complaint Case No. 59 of 2014, Ram Kumar vs. Parmai and others, under Sections 323, 324, 392 I.P.C., Police Station Madhogarh, District Jalaun, pending in the court of Special Judge (DAA Act), Jalaun at Orai, is hereby quashed.
In view of the aforesaid observations, the application is allowed.
Order Date :- 28.8.2023/Atul
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