Allahabad High Court
Triloki Nath Mishra And 6 Others vs State Of U.P Thru. Prin. Secy. Home ... on 11 December, 2023
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:80927
Court No. - 11
Case :- APPLICATION U/S 482 No. - 11988 of 2023
Applicant :- Triloki Nath Mishra And 6 Others
Opposite Party :- State Of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. And Another
Counsel for Applicant :- Ramesh Chandra Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Sri Piyush Mishra learned Advocate, has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2 and filed his Vakalatnama, which is taken on record.
Heard learned counsel for the applicants, learned AGA for the State of U.P. and gone through the record.
The present petition under Section 482 Cr.P.C has been filed by the applicants with the prayer to quash the entire criminal proceeding of Criminal Case No. 1974 of 2023 "State Versus Triloki Nath and others", arising out of Case Crime No. 600 of 2022 under Sections 308/325/323/504/506/34 IPC. Police Station Ramsanehighat, District Barabanki, pending before Civil Judge (Junior Division), F.T.C. Court No. 43, Barabanki as also the Charge-sheet dated 26.03.2023 as also to stay the entire criminal proceedings of Criminal Case No. 1974 of 2023.
It is stated that after considering the averments made in theApplication U/S 482 No. 9616 of 2023 and the documents on record as also the submissions made by the learned counsel for the applicants, this Court vide order dated 05.10.2023 referred the matter to the trial court for the purpose of verification of the compromise entered into between the parties and a perusal of the order dated 03.11.2023 of the trial court (Annexure No.5) would show that parties have settled their dispute as such the prayer sought in the present application be acceded in the light of Settlement Agreement/compromise.
With regard to acceding the prayer sought in the present application on the basis of compromise/settlement, the learned counsel for the applicant has placed reliance on the judgments of the Apex Court in the case of Romgopal and others Vs. State of Madhya Pradesh, 2022 (1) SCJ 536, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106, Gold Quest International Ltd. Vs. State of Tamilnadu, 2014 (15) SCC 235, B.S. Joshi Vs. State of Haryana, 2003 (4) SCC 675, Jitendra Raghuvanshi Vs. Babita Raghuvanshi, 2013(4) SCC 58, Madhavarao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre, 1988 1 SCC 692, Nikhil Merchant Vs. C.B.I. and another, 2008(9) SCC 677, Manoj Sharma Vs. State and others, 2008(16) SCC 1, State of M.P. Vs. Laxmi Narayan and others, 2019(5) SCC 688, Narindra Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466, Manoj Kumar and others Vs. State of U.P and others (2008) 8 SCC 781, Union Carbide Corporation and others Vs. Union of India and others (1991) 4 SCC 584, Manohar Lal Sharma Vs. Principal Secretary and others (2014) 2 SCC 532 and Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409.
Learned Additional Government Advocate could not dispute the fact that the compromise has been entered into between the parties and now the opposite party no. 2 does not want to proceed with the proceedings in issue.
Considering the submissions advanced by learned counsel for the parties and the report dated 03.11.2023 of trial court as also taking note of the observations made by Hon'ble Apex Court in the judgments referred above and the nature of dispute/crime, this Court is of the view that no purpose would be served in keeping the proceedings pending before the trial court and hence, the same are hereby quashed.
Accordingly, the present application U/S 482 Cr.P.C. is allowed.
Office is directed to send a copy of this order to the court concerned through email/fax immediately for necessary compliance.
Order Date :- 11.12.2023
Jyoti/-
