Allahabad High Court
Shariq Hasan @ Sharik Hasan And 2 Others vs State Of U.P Thru. Prin. Secy. Home Civil ... on 22 December, 2023
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:85698
Court No. - 11
Case :- APPLICATION U/S 482 No. - 12723 of 2023
Applicant :- Shariq Hasan @ Sharik Hasan And 2 Others
Opposite Party :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. And Another
Counsel for Applicant :- Mohammad Faizan
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Sri Shubankar Singh, 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.
The present petition has been filed for the following main relief:-
"To quash the entire proceeding of Warrant Trial/Summoning Case No.25807/2023 (State Versus Sharik Hasan and other), pending before learned Additional Chief Judicial Magistrate I. Lucknow arising out of charge sheet dated 19.01.2023 (Charge Sheet No.01/2023) pertaining to Case Crime No.04/2023, Under section- 323, 504, 506 of IPC at Police Station-Qaiserbagh, District- Lucknow on the basis of compromise, so for it relates to the applicants.
It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceedings initiated under Warrant Trial/Summoning Case No.25807/2023 (State Versus Sharik Hasan and other), pending before learned Additional Chief Judicial Magistrate-Is. Lucknow arising out of charge sheet dated 19.01.2023 (Charge Sheet No.01/2021) pertaining to Case Crime No.04/2023, Under section- 323, 504, 506 of IPC at Police Station- Qaiserbagh, District- Lucknow during pendency of the instant petition, in the interest of justice."
On the basis of the submissions made by the learned counsel for the applicant, this Court vide order dated 19.10.2023 passed in Application U/S 482 No. 10394 of 2023, has referred the matter to the court below for the purpose of verification of the compromise entered into between the parties.
In compliance of earlier order of this Court dated19.10.2023, the ACJM-I, Lucknow has verified the compromise on 03.11.2023, as appears from the Annexure No. 6, wherein it has been mentioned 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.
With regard to the prayer sought including quashing of criminal proceedings on the basis of compromise, the learned counsel for the applicants 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 parties do not want to proceed with Case No.25807/2023 (State Versus Sharik Hasan and other), pending before learned Additional Chief Judicial Magistrate I. Lucknow arising out of charge sheet dated 19.01.2023 (Charge Sheet No.01/2023) pertaining to Case Crime No.04/2023, under section- 323, 504, 506 of IPC at Police Station-Qaiserbagh, District- Lucknow.
Considering the submissions advanced by learned counsel for the parties and perusing the report dated 03.11.2023 as also taking note of the observations made by Hon'ble Apex Court in the judgments referred above, 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 of Case No.25807/2023 (State Versus Sharik Hasan and other), pending before learned Additional Chief Judicial Magistrate I. Lucknow arising out of charge sheet dated 19.01.2023 (Charge Sheet No.01/2023) pertaining to Case Crime No.04/2023, under section- 323, 504, 506 of IPC at Police Station-Qaiserbagh, District- Lucknow, are hereby quashed in terms of the compromise.
Accordingly, the present application U/S 482 Cr.P.C. is allowed.
Order Date :- 22.12.2023
Vipul
