Allahabad High Court
Rajeev Kumar Singh And Another vs State Of U.P. Thru. Prin. Secy. Deptt. ... on 19 December, 2023
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:83895
Court No. - 11
Case :- APPLICATION U/S 482 No. - 12401 of 2023
Applicant :- Rajeev Kumar Singh And Another
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Govt. Civil Secrt. Lko. And Another
Counsel for Applicant :- Santosh Kumar Shukla,Ichchha Singh
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Sri Aftab Alam Malik, Advocate alongwith Sri Badruddin, Advocate, has put in appearance for the private opposite party no. 2 and has filed his Vakalatnama, which is taken on record.
Heard learned counsel for the applicant, learned AGA for the State of U.P. and gone through the record.
The present application under Section 482 Cr.P.C. has been filed to quash the charge sheet No. 01 dated 10.03.2021 and entire proceedings of Criminal Case No. 51839/2022 (State of U.P. vs. Rajeev Kumar Singh and others) pending before Special Chief Judicial Magistrate Custom, Lucknow arsing out of FIR No. 0052 of 2021 dated 23.01.2021, under Sections 452, 323, 504 and 506 IPC, Police Station Gazipur, District Lucknow North (Commissionerate Lucknow).
It appears that this Court vide order dated 17.01.2023 passed in Application U/S 482 Cr.P.C. No. 392 of 2023 granted liberty to the applicants to file compromise application before appropriate forum in accordance with law and directed the court below to verify the same without any further delay in case any such compromise application is filed.
It also appears that in compliance of this Court's order dated 17.01.2023, court concerned vide its order dated dated 17.10.2023 has verified the compromise mentioning therein that the parties were present and they have admitted that they have entered into an agreement voluntarily and their signatures have been verified by their respective counsels before the court.
For the relief(s) sought, on the basis of compromise, 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 perusing the order of trial Court dated 17.10.2023 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, entire proceedings, in issue, are hereby quashed in terms of the compromise.
Accordingly, the present application U/S 482 Cr.P.C. is allowed in above terms.
Office/Registry is directed to send the copy of this order to concerned Court forthwith.
Order Date :- 19.12.2023
Arun/-
