Allahabad High Court
Pradeep Kumar vs State Of U.P. Thru. Prin. Secy. ... on 31 July, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:50123
Court No. - 28
Case :- APPLICATION U/S 482 No. - 7015 of 2023
Applicant :- Pradeep Kumar
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
Counsel for Applicant :- Rama Kant Giri,Dinesh Pratap Singh
Counsel for Opposite Party :- G.A.,S.C. Misra
Hon'ble Shree Prakash Singh,J.
1. Supplementary affidavit filed today on behalf of the applicant is taken on record.
2. Heard learned counsel for the applicant, learned A.G.A. for the State, Shri S.C. Misra, learned counsel for the opposite party no.2 and perused the material placed on record.
3. By means of the instant application, the applicant have prayed for quashing of the entire proceedings Session Trial No.383 of 2016 at Case Crime No.58A/12 under Section 324, 323 and 504 of I.P.C., Police Station-Pihani, District-Hardoi, pending in the court of learned Additional District Judge, Hardoi, on the basis of compromise executed between the parties on17.12.2018.
4. Learned counsel for the applicant submits that due to certain misunderstanding, the instant F.I.R. was lodged against the applicant. He added that later on, the parties sat together and have amicably settled their disputes, which has been reduced in writing on 17.012.2018. Thereafter, the applicant filed an Application U/S 482 No.9362 of 2022, wherein this Court vide order dated 14.12.2022 has directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 01.05.2023. 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 harassment and, thus, the instant criminal proceedings arising out of Case Crime No.58A/12 under Section 324, 323 and 504 of I.P.C., Police Station-Pihani, District-Hardoi, may be quashed.
5. Learned counsel for the opposite party no.2 has also supported the version of the learned counsel for the applicant and submits that parties have amicably settled their dispute and the opposite party no.2 has no grievance, hence, criminal proceedings against the applicant may be dropped.
6. Learned counsel for the State has no objection to the submissions aforesaid.
7. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 17.12.2018 and said compromise has been verified on 01.05.2023 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings.
8. In view of the above, as the applicant and opposite parties have entered into compromise on 17.12.2018 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.
9. Accordingly, entire criminal proceedings of Session Trial No.383 of 2016 at Case Crime No.58A/12 under Section 324, 323 and 504 of I.P.C., Police Station-Pihani, District-Hardoi, are hereby quashed.
10. The compromise shall be part of this order.
11. The application is allowed accordingly.
12. Consigned to records.
(Shree Prakash Singh, J.)
Order Date :- 31.7.2023
Piyush/-
