Allahabad High Court
Smt. Nazia Shamim Kidwai And ... vs State Of U.P. Thru. Prin. Secy. ... on 1 February, 2023
Bench: Suresh Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 14
Case :- APPLICATION U/S 482 No. - 943 of 2023
Applicant :- Smt. Nazia Shamim Kidwai And Another
Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home), Lko. And Another
Counsel for Applicant :- Mohd. Suhail
Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Vakalatnama filed by Mr. Mohd. Alishah Faruqi, Advocate on behalf of the opposite party no.2 is taken on record.
Heard learned counsel for applicants, learned A.G.A. for the State and perused the material available on record.
The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Complaint Case No. 383 of 2018, under Sections 452,323,504,506 I.P.C., Police Station- Hasanganj, District- Lucknow on the basis of compromise verification report (Annexure-2).
At the very outset, learned counsel for applicants has submitted that the dispute between the parties has been amicably settled and the parties have entered into a compromise by means of compromise deed, which has been duly verified by the court concerned on 20.12.2022 (Annexure-2 to this petition).
Learned counsel for opposite party no. 2 does not dispute the correctness of the submission made by learned counsel for petitioners or the correctness of the documents relied upon by him. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid are quashed.
Learned counsel for petitioner in support of his contention has placed reliance on the judgments of Hon'ble Apex Court in the case of Narinder Singh Vs. State of Punjab reported in (2014) 6 SCC 466, Yogendra Yadav Vs. State of Jharkhand reported in (2014) 9 SCC 653 and Parbatbhai Aahir Vs. State of Gujarat reported in (2017) 9 SCC 641 and has submitted that the petitioners and opposite party no. 2 have settled through compromise their private and civil disputes and as such opposite party no. 2 does not wish to press the aforesaid case against the petitioner. Opposite party no. 2 is ready to withdraw the prosecution of the petitioner and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on.
From perusal of the record, it is apparent that the parties have entered into compromise and have settled their dispute amicably and it is highly doubtful if the ingredients of the offence as alleged are made out.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties regarding the compromise entered into between the parties and taking all these factors into consideration cumulatively, the compromise between the parties be accepted and further taking into account the legal position as laid down by the Apex Court in the case of Narinder Singh Vs. State of Punjab (supra), Yogendra Yadav Vs. State of Jharkhand (supra) and Parbatbhai Aahir Vs. State of Gujarat (supra), the entire proceedings of the aforesaid case is hereby quashed.
With the aforesaid observations/directions, the present petition u/s 482 Cr.P.C. stands allowed.
Order Date :- 1.2.2023
Shravan
