Allahabad High Court
Narendra Kumar Gupta And Others vs State Of U.P. Thru. Prin. Secy. ... on 3 March, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 27
Case :- APPLICATION U/S 482 No. - 2292 of 2023
Applicant :- Narendra Kumar Gupta And Others
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home, Lko. And Others
Counsel for Applicant :- Ram Singh
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Vakalatnama on behalf of the opposite party nos. 2 to 6 has been filed by Sri Ramkripal Yadav, learned counsel, which is taken on record.
Heard learned counsel for the applicants, Sri Aniruddh Kumar Singh, learned A.G.A.-I for the State, Sri Ramkripal Yadav, learned counsel for the opposite party nos.2 to 6 and perused the record.
By means of the instant application, the applicants have prayed for quashing of entire proceeding of Sessions Trial No.36 of 2019 "State Vs. Narendra Kumar & others" arising out of Case Crime No.97 of 2016 under Sections 147, 323, 504, 506 I.P.C. Police Station Bhiti, District Ambedkar Nagar pending before the IV Additional Sessions Judge, Ambedkar Nagar as well as charge sheet dated 3.8.2016 submitted by the Investigating Officer and summoning order dated 16.9.2016.
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 24.12.2019. Thereafter, the applicants filed an Application U/S 482 No.361 of 2020 wherein vide order dated 11.11.2022, this Court has directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 13.2.2023. 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 of the aforementioned sessions trial arising out of Case Crime No.97 of 2016 may be quashed.
Learned counsel for the opposite party nos.2 to 6 and the learned counsel for the State have also supported the arguments made by the learned counsel for the applicants.
Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 24.12.2019 and said compromise has been verified on 13.2.2023 and, now, as per the statement of learned counsel for the parties, they do not want to press the proceedings of the aforementioned sessions trial arising out of Case Crime No.97 of 2016.
In view of the above, as the applicants and opposite parties have entered into compromise on 24.12.2019 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 the aforementioned Sessions Trial No.36 of 2019 arising out of Case Crime No.97 of 2016 are hereby quashed.
The compromise shall be part of this order.
The application is allowed accordingly.
Consigned to records.
Order Date :- 3.3.2023
Ram Murti
