Allahabad High Court
Pawan Kumar Soni And Another vs State Of U.P. Thru. Its Secy. ... on 25 July, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:48869
Court No. - 28
Case :- APPLICATION U/S 482 No. - 7166 of 2023
Applicant :- Pawan Kumar Soni And Another
Opposite Party :- State Of U.P. Thru. Its Secy. Ministry Of Home Affairs Civil Sectt. Lko. And 2 Others
Counsel for Applicant :- Sandeep Kumar Rawat,Pramod Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Sri Alok Kumar Pandey, learned counsel has put in appearance on behalf of the opposite party nos. 2 and 3 by way of filing vakalatnama, which is taken on record.
Heard learned counsel for the applicants, Sri Aniruddh Kumar Singh, learned A.G.A. for the State, Sri Alok Kumar Pandey, learned counsel for the opposite party nos.2 and 3 and perused the record.
By means of the instant application, the applicants have prayed for quashing of the charge sheet no.125 of 2013 dated 26.12.20213 submitted by the police of PS Chowk, Lucknow pending as Criminal Case No.87 of 2014 arising out of Case Crime No.152 of 2013 under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act registered at Police Station Chowk Lucknow. Further prayer is to quash proceedings of the aforementioned criminal case.
Learned counsel for the applicants submits that due to certain misunderstanding, the instant F.I.R. was lodged against the applicants. He added that later on, the parties sat together and have amicably settled their disputes, which has been reduced in writing on 16.12.2020. Thereafter, the applicants filed an Application U/S 482 No. 2093 of 2022 wherein this Court has directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 15.6.2023. He submits that now there is no dispute in between the parties and they have settled their dispute. He submits that further criminal proceedings in the instant matter would amount to harassment and, thus, the instant criminal proceedings arising out of Case Crime No.152 of 2013 may be quashed.
Learned counsel for the opposite party nos.2 and 3 has also supported the version of the learned counsel for the applicants and submits that parties have amicably settled their dispute and the opposite party no.2 has no grievance, hence, criminal proceedings against the applicants may be dropped.
Learned counsel for the State has no objection to the submissions aforesaid.
Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 16.12.2020 and said compromise has been verified on 15.6.2023 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings relating toCase Crime No.152 of 2013.
In view of the above, as the applicants and opposite parties have entered into compromise on 16.12.2020 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 B.S. Joshi and others Vs. State of Haryana and another (2003) 4 SCC 675; Nikhil Merchant Vs. Central Bureau of Investigation (2008) 9 SCC 677; Manoj Sharma Vs. State and others, (2008) 16 SCC 1; Gian Singh Vs. State of Punjab (2012) 10 SCC 303; and Narindra Singh and others Vs. State of Punjab (2014) 6 SCC 466.
Accordingly, entire criminal proceedings of Criminal Case No.87 of 2014 arising out of Case Crime No.152 of 2013 under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act registered at Police Station Chowk Lucknow, are hereby quashed.
The compromise shall be part of this order.
The application is allowed accordingly.
Consigned to records.
Order Date :- 25.7.2023
Ram Murti
