Allahabad High Court
Atmad Hasan Idrisi And Others 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:50073
Court No. - 28
Case :- APPLICATION U/S 482 No. - 7365 of 2023
Applicant :- Atmad Hasan Idrisi And Others
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow And Another
Counsel for Applicant :- Abhishek Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
1. Vakalatnama filed by Shri Vinay Kumar Verma, Advocate on behalf of opposite party No.2 is taken on record.
2. Heard Shri Abhishek Srivastava, learned counsel for the applicants, Shri V.A. Nishad, learned A.G.A. for the State, Shri Vinay Kumar Verma, learned counsel for the opposite party no.2 and perused the material placed on record.
3. By means of the instant application, the applicants have prayed for quashing of the entire criminal proceedings of Special Trial No.263/2018; State vs. Atmad Hasan Idirsi & Ors. arising out of F.I.R. No.494 of 2017 under Sections 447, 448, 420, 504 and 506 I.P.C. and 3(1)(r), 3(1)(s) & 3(2)(va) of SC/ST Act, Police Station-Para, District-Lucknow, on the basis of compromise executed in between the parties on 17.05.2023.
4. 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 17.05.2023. Thereafter, the applicants filed an Application U/S 482 No.5154 of 2023, wherein this Court has directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 28.06.2023. 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 may be quashed.
5. Learned counsel for the opposite party no.2 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.
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 17.05.2023 and said compromise has been verified on 28.06.2023 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 applicants and opposite parties have entered into compromise on 17.05.2023 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 Special Trial No.263/2018; State vs. Atmad Hasan Idirsi & Ors. arising out of F.I.R. No.494 of 2017 under Sections 447, 448, 420, 504 and 506 I.P.C. and 3(1)(r), 3(1)(s) & 3(2)(va) of SC/ST Act, Police Station-Para, District-Lucknow 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/-
