Lautu Pal And 3 Others vs State Of U.P. And Another
2023 Latest Caselaw 17292 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:138538
 
Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 14087 of 2023
 

 
Applicant :- Lautu Pal And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Pradeep Kumar,Dinesh Yadav
 
Counsel for Opposite Party :- G.A.,Ajay Kumar Srivastava
 

 
Hon'ble Neeraj Tiwari,J.

Heard Sri Brijesh Kumar Singh, Advocate holding brief of Sri Pradeep Kumar, learned counsel for the applicants, learned AGA for the State and, Sri Ajay Kumar Srivastava, learned counsel for opposite party no. 2.

The present application under section 482 Cr.P.C. has been filed for quashing the charge sheet dated 25.4.2019, cognizance order dated 12.6.2019, summoning order dated 12.6.2019 and the entire proceedings of Session Trial No. 421 of 2022, arising out of Case Crime No.187 of 2018, under Sections- 323, 504, 506, 308 IPC, Police Station- Chaubeypur, District- Varanasi, pending in the court of Additional Sessions Judge-9th, Varanasi.

Learned counsel for the applicants submitted that applicants and opposite party no.2 are the resident of the same village and under some misunderstanding FIR has been lodged and now the parties have entered into compromise and no dispute is pending between the parties as on date. It is next submitted that the compromise deed dated 21.12.2022 has also been filed before the trial Court and even opposite party no.2 has also filed compromise deed before this Court with the specific averment that he does not want to pursue the criminal proceedings against the applicants. It is lastly submitted that in light of compromise, present proceeding may be quashed.

Sri Ajay Kumar Srivastava, learned counsel for opposite party no. 2 has supported the case of the applicants. He further submitted that in case this Court is pleased to quash the criminal proceeding pending against the applicants, he would have no objection.

In view of above, the applicants and opposite party no. 2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.

Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi) Vs. State of Haryana) as well as the judgement of the Apex Court reported in J.T. 2008(() SC 192 (Nikhil Merchant Vs. Central Burea of Investigation and another), as well as judgment of the Apex Court reported in (2012) 10 SCC 303 (Gian Singh Vs. Stated of Punjab) and reported in (2014) Supreme Today 642 (Narinder Singh & others Vs. State of Punjab and another), the proceedings of the aforesaid case is hereby quashed.

The present application is, accordingly allowed. No order as to costs.

Order Date :- 13.7.2023

Junaid