Allahabad High Court
Syed Karrar Husain Rizvi vs State Of U.P. Thru. Prin. Secy. ... on 18 January, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 27
Case :- APPLICATION U/S 482 No. - 4345 of 2022
Applicant :- Syed Karrar Husain Rizvi
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. And Another
Counsel for Applicant :- Nadeem Murtaza,Aditya Vikram Singh,Ali Jibran
Counsel for Opposite Party :- G.A.,Praveen Kumar Yadav,Sudhanshu S. Tripathi
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicant, Sri Aniruddh Kumar Singh-I, learned A.G.A. for the State and the material placed on record.
Instant application under Section 482 Cr.P.C. has been filed with the prayer to quash/set aside the entire proceedings as well as any consequential proceedings arising out of Sessions Case No.378 of 2020 (State Vs. Karrar Hussain and others) pending before the court of Special Judge SC/ST Act, Lucknow under Sections 147, 323, 342, 504, 506, 307 I.P.C. and Section 3(2)(v) SC/ST Act and the summoning order dated 17.2.2020 passed by the Special Judge SC/ST act Lucknow in the aforementioned sessions case number. It is further prayed that the impugned summoning order dated 17.2.2020 and further proceedings of the aforementioned case may be stayed during the pendency of the instant application.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the instant matter due to anonymity and he was not involved in committing the offence. He next added that when the opposite party no.2 came to know about the truthfulness of the incident then they sat together and they have settled their dispute and a compromise deed in respect thereof has also been executed on 12.5.2022. Thereafter, the parties approached this Court by way of filing instant Application U/S 482 No. 4345 of 2022 wherein this Court passed the order dated 8.7.2022 and the matter was referred to the court below for verification of the compromise deed dated 12.5.2022. After the aforesaid order passed, the parties appeared before the court below and thereafter they put their signature and the compromise deed has been verified, vide order dated 21.7.2022, which is annexed with the supplementary affidavit dated 3.8.2022. He submits that now the dispute has come to end as the parties have amicably settled their dispute and have come to the conclusion that they will not press their cases against each other, thus, further criminal proceeding against the applicant would be a futile exercise and would amount to harassment. Adding his arguments, he has placed reliance upon a case reported in 2021 SCC OnLine 966, Ramawatar Vs. State of Madhya Pradesh. Referring para 9, 10, 16 and 19 thereof, he submits that the case of the applicant is covered with the ratio of the Judgment passed in Ramawatar's case (supra). He further submitted that so far as the compromise in the case of Section 307 I.P.C. is concerned, the Apex court has settled the issue in case of State of Madhya Pradesh Vs. Laxmi Narayan, (2019) 5 SCC 688. Referring para 15.4 of the said Judgment, he submits that since the injuries are simple in nature and on non-vital part of the injured, the matter can be compromised between the parties in such matters. He next added that in view of the aforesaid, the criminal proceeding arising out of Sessions Case No.378 of 2020 may be quashed.
On the other hand, learned counsel for the opposite party no.2 supported the version of the learned counsel for the applicant and submits that parties have settled their dispute and they have entered into compromise, as such, the criminal proceeding against the applicant may be dropped.
Learned A.G.A. for the State has no objection to the submission aforesaid.
In view of the above, as the applicants and opposite parties have entered into compromise on 12.5.2022 and no grievance remains to be agitated and, as such, further criminal proceedings in the aforementioned criminal case are liable to be set aside in view of the Judgments of the Apex Court rendered in 2021 SCC OnLine 966, Ramawatar Vs. State of Madhya Pradesh and State of Madhya Pradesh Vs. Laxmi Narayan, (2019) 5 SCC 688.
Accordingly, entire criminal proceedings or Sessions Case No.378 of 2020 (State Vs. Karrar Hussain and others) pending before the court of Special Judge SC/ST Act, Lucknow under Sections 147, 323, 342, 504, 506, 307 I.P.C. and Section 3(2)(v) SC/ST Act as well as the summoning order dated 17.2.2020 passed in the aforementioned sessions case number, are hereby quashed.
The compromise shall be part of this order.
The application is allowed accordingly.
Consigned to records.
Order Date :- 18.1.2023
Ram Murti
