Allahabad High Court
Vishun Dev Shahi And Another vs State Of U.P. And Another on 25 July, 2023
Bench: Surendra Singh-I
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:148440
Court No. - 92
Case :- APPLICATION U/S 482 No. - 16851 of 2023
Applicant :- Vishun Dev Shahi And Another
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Rajeev Kumar Singh
Counsel for Opposite Party :- G.A.,Ashish Kumar
Hon'ble Surendra Singh-I,J.
1. Supplementary affidavit containing the duly verified compromise deed and the order of the Chief Judicial Magistrate, Gorakhpur on the compromise deed has been filed on behalf of the applicant in the Court today which is taken on record.
2. Heard Sri Rajeev Kumar Singh, learned counsel for the applicants, Sri Ashish Kumar, learned counsel for the opposite party no. 2, Sri Pankaj Srivastava, learned A.G.A. for the State and perused the record.
3. The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Criminal Case No. 161/2021 (State Vs. Vishun Dev Shahi and another) arising out of Case Crime No. 1214 of 2020 u/s 419, 420, 467, 468, 471, 504, 506 I.P.C., Police Station- Cantt., District- Gorakhpur including the charge-sheet no. 1323/2020 dated 09.12.2020 as well as cognizance and summoning order dated 11.12.2020 passed by the learned Chief Judicial Magistrate, Gorakhpur pending in the court of Chief Judicial Magistrate, Gorakhpur in terms of compromise deed dated 20.04.2023 filed before the court below.
4. On the averment made by learned counsel for the applicants that the parties had entered into compromise and have amicably settled their dispute outside the court, this Court passed the following order on 15.05.2023 :-
"Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present application has been filed by the applicants with the prayer to quash the charge-sheet dated 09.12.2020 as well as summoning order dated 11.12.2020 and entire proceedings of Criminal Case No. 161 of 2021 (State vs. Vishun Dev Shahi and another) arising out of Case Crime No. 1214 of 2020 under Sections 419, 420, 467, 468, 471, 504, 506 IPC, Police Station Cantt, District Gorakhpur, pending in the court of Chief Judicial Magistrate, Gorakhpur on the basis of compromise entered into between the parties outside the Court about which a compromise deed has been prepared on 20.4.2023 and with further prayer that further proceedings of the aforesaid case be stayed during the pendency of the present application before this Court.
Learned counsel for the applicants argued that the parties have entered into compromise which is dated 20.4.2023, copy of the said compromise is annexed as Annexure-17 to the affidavit in support of present 482 Cr.P.C. application. It is argued that as such the present proceedings be quashed.
Looking to the facts of the case, it is provided that the applicants shall file the said compromise within a period of two weeks from today before the Chief Judicial Magistrate, Gorakhpur who shall verify the same within two weeks thereafter and send his report to this Court.
List after three weeks as fresh.
Till the next date of listing, no coercive measure shall be taken against the applicants in the aforesaid case."
5. In compliance of Court's aforesaid order dated 15.05.2023, the Chief Judicial Magistrate, Gorakhpur has sent his report dated 04.07.2023. As per the report, both the parties, i.e. the informant/aggrieved, Anil Kumar Shahi and accused/applicants, Vishun Dev Shahi and Vikram Lal, appeared in the trial court on 05.06.2023 and presented the duly signed compromise deed before the Court for verification. The court after ensuring the identity of the parties, verified the compromise deed. The Chief Judicial Magistrate, Gorakhpur has sent the compromise deed and the order passed by the court annexed to his report dated 04.07.2023 which is kept on file.
6. Since both the parties accepted that they have settled their dispute and they have verified the agreement of compromise before the court, there is sufficient ground to allow the application and quash the entire proceedings including the charge-sheet as well as the summoning order of aforesaid criminal case as has been prayed.
7. Thus, in view of the well settled principles 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 Judgment of the Apex Court reported in J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another), the entire proceeding of Criminal Case No. 161/2021 (State Vs. Vishun Dev Shahi and another) arising out of Case Crime No. 1214 of 2020 u/s 419, 420, 467, 468, 471, 504, 506 I.P.C., Police Station- Cantt., District- Gorakhpur including the charge-sheet no. 1323/2020 dated 09.12.2020 as well as cognizance and summoning order dated 11.12.2020 passed by the learned Chief Judicial Magistrate, Gorakhpur pending in the court of Chief Judicial Magistrate, Gorakhpur, are hereby quashed.
8. Accordingly, this application is allowed.
Order Date :- 25.7.2023
KS
