Sanjai Agrawal @ Boby And Another vs State Of U.P. And Another
2023 Latest Caselaw 23949 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:174653
 
Court No. - 93
 
Case :- APPLICATION U/S 482 No. - 17045 of 2007
 
Applicant :- Sanjai Agrawal @ Boby And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- R.P.Tiwari
 
Counsel for Opposite Party :- Govt. Advocate,Abhay.Raj.Singh
 
Hon'ble Arun Kumar Singh Deshwal,J.

Heard Sri R.P.Tiwari, learned counsel for the applicants and learned A.G.A. for the State. No one appeared on behalf of opposite party no.2.

The instant application has been moved on behalf of the applicants to set aside the summoning order dated 19.05.2006 passed in Misc. Case No.49 of 2006, arising out of Case Crime No.629 of 2006, under Sections 452, 352, 323, 504, 506 IPC Police Station - Aonla, District Bareilly, pending in the court of Judicial Magistrate - Ist, Aonla, Bareilly.

Contention of learned counsel for the applicants is that dispute in the impugned proceeding is absolutely private in nature and the parties have settled their dispute amicably through written compromise which has also been filed before the Judicial Magistrate - Ist, Aonla, Bareilly.

The Judicial Magistrate - Ist, Aonla, Bareilly has verified the aforesaid compromise vide order dated 28.07.2020 and a copy of same has been annexed as Annexure SA-4 to the supplementary affidavit.

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.1520 of 2007, arising out of Case Crime No.629 of 2006, under Sections 452, 352, 323, 504, 506 IPC Police Station - Aonla, District Bareilly, pending in the court of Judicial Magistrate - Ist, Aonla, Bareilly, is hereby quashed.

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

Order Date :- 29.8.2023/Atul