Allahabad High Court
Mohammad Salman vs State Of U.P. Thru. Its Secy. ... on 29 August, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:58016
Court No. - 28
Case :- APPLICATION U/S 482 No. - 8235 of 2023
Applicant :- Mohammad Salman
Opposite Party :- State Of U.P. Thru. Its Secy. Deptt. Of Home, Lko. And Another
Counsel for Applicant :- Ravindra Shukla
Counsel for Opposite Party :- G.A.,Anil Kumar Tiwari
Hon'ble Shree Prakash Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, Sri Aniruddh Kumar Singh, learned A.G.A.-I for the State, Sri Anil Kumar Tiwari, learned counsel for the opposite party no.2 and perused the material placed on record.
By means of the instant application, the applicant has prayed for quashing the impugned criminal proceedings in Sessions Trial No.463 of 2020, State of U.P. Vs. Majeed & others, arising out of Case Crime No.102 of 2020 under Sections 147, 148, 452, 323, 506, 308 I.P.C. Police Station Gauriganj, District Amethi pending before third Additional Chief Judicial Magistrate, Room No.19, Sultanpur.
Learned counsel for the applicant submits that due to certain misunderstanding, the instant F.I.R. was lodged against the applicant. He added that later on, the parties sat together and have amicably settled their disputes, which has been reduced in writing on 14.3.2023. Thereafter, the applicant filed an Application U/S 482 No.3151 of 2023 wherein this Court, vide order dated 4.4.2023, has directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 19.4.2023. 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 against the applicant may be quashed.
Learned counsel for the opposite party no.2 has also supported the version of the learned counsel for the applicant and submits that parties have amicably settled their dispute and the opposite party no.2 has no grievance, hence, criminal proceedings against the applicant 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 14.3.2023 and said compromise has been verified on 19.4.2023 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings against the applicant.
In view of the above, as the applicants and opposite parties have entered into compromise on 14.3.2023 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 proceedingsSessions Trial No.463 of 2020, State of U.P. Vs. Majeed & others, arising out of Case Crime No.102 of 2020 under Sections 147, 148, 452, 323, 506, 308 I.P.C. Police Station Gauriganj, District Amethi pending before third Additional Chief Judicial Magistrate, Room No.19, Sultanpur, are hereby quashed.
The compromise shall be part of this order.
The application is allowed accordingly.
Consigned to records.
Order Date :- 29.8.2023
Ram Murti
