Allahabad High Court
Balanand Mandal And Others vs State Of U.P. Thru. Its Prin. Secy. ... on 8 May, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:31797
Court No. - 28
Case :- APPLICATION U/S 482 No. - 4270 of 2023
Applicant :- Balanand Mandal And Others
Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko. And Another
Counsel for Applicant :- Razi Ahmad,Mohammad Alishah Faruqi
Counsel for Opposite Party :- G.A.,Abha Srivastava
Hon'ble Shree Prakash Singh,J.
Supplementary affidavit filed today by counsel for the applicants is taken on record.
Heard learned counsel for the applicants, Sri Veerbhan Singh learned A.G.A. for the State, Ms. Abha Srivastava, 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 criminal proceedings in Crime No.342/2020, U/s 147, 149, 323, 504, 506, 393, 414, 403, 419, 420, 467, 468, 471, 120-B IPC, P.S. Wazeerganj, Lucknow, pending before ACJM (CBI, A.P.), Lucknow on the basis of compromise verification report dated 05.04.2023 prepared by Court of ACJM (CBI, A.P.), Lucknow on the direction of the Hon'ble High Court passed in petition bearing no.6802/2022 (482 Cr.P.C.) dated 30.01.2023.
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 29.07.2022. Thereafter, this Court, vide order dated 30.01.2023 has directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 05.04.2023. 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 entire criminal proceedings arising out of Case Crime Crime No.342/2020 may be quashed.
Learned counsel for the opposite party no.2 has also supported the version and submits that parties have settled their dispute amicably and opposite party no. 2 has no grievance, hence, criminal proceedings against the applicants may be dropped.
Learned counsel for the State has no objection to the submissions aforesaid.
Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 29.07.2022 and said compromise has been verified on 05.04.2023 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings relating to Case Crime No.342/2020.
In view of the above, as the applicants and opposite parties have entered into compromise on 29.07.2022 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 arising out of aforementioned Case Crime No.342/2020 are hereby quashed.
The compromise shall be part of this order.
The application is allowed accordingly.
Consigned to records.
Order Date :- 8.5.2023
Saurabh Yadav/-
