Vinod @ Puttani And Others vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 7091 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 

 
Case :- APPLICATION U/S 482 No. - 2289 of 2023
 

 
Applicant :- Vinod @ Puttani And Others
 
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another
 
Counsel for Applicant :- Ashish David Rao
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Sri Shakir Ali and Sri Shakti Kumar Verma, learned counsel has put in appearance on behalf of the opposite party no.2 by way of filing vakalatnama, which is taken on record.

Heard learned counsel for the applicants, Sri Aniruddh Kumar Singh, learned A.G.A.-I for the State, Sri Shakir Ali and Sri Shakti Kumar Verma, learned counsel for the opposite party no.2 and perused the record.

By means of the instant application, the applicants have prayed for quashing of the proceedings of Criminal Case No.17024 of 2021 (State Vs. Ram Dei and others) arising out of Case Crime No.450 of 2020, Police Station Bakshi Ka Talab, Lucknow pending in the court of Additional Chief Judicial Magistrate V, Lucknow under Sections 323, 498-A, 506 I.P.C. and for quashing of the order dated 24.12.2021 passed by Additional Chief Judicial Magistrate-V, Lucknow in the aforementioned 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 23.12.2022. Thereafter, the applicants filed an Application U/S 482 No.456 of 2023 wherein on 19.1.2023 this Court has directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 4.2.2023. 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 case may be quashed.

Learned counsel for the opposite party no.2 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 23.12.2022 and said compromise has been verified on 4.2.2023 and, now, as per the statement of learned counsel for the parties, they do not want to press the proceedings of the aforementioned criminal case.

In view of the above, as the applicants and opposite parties have entered into compromise on 23.12.2022 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 aforementioned Criminal Case 17024 of 2021 (State Vs. Ram Dei and others) arising out of Case Crime No.450 of 2020, Police Station Bakshi Ka Talab, Lucknow pending in the court of Additional Chief Judicial Magistrate V, Lucknow under Sections 323, 498-A, 506 I.P.C., 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