Chhotu @ Atul Shukla And Others vs State Of U.P. Thru. Secy. Home ...
2023 Latest Caselaw 15379 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:34034
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 4772 of 2023
 

 
Applicant :- Chhotu @ Atul Shukla And Others
 
Opposite Party :- State Of U.P. Thru. Secy. Home Affairs. Lko. And Another
 
Counsel for Applicant :- Pankaj Kumar Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard Sri Ashish Kumar Tiwari, Advocate holding brief of Sri Pankaj Kumar Tiwari, learned counsel for the applicants, Sri Aniruddh Kumar Singh, learned A.G.A.-I for the State, and perused the record.

By means of the instant application, the applicants have prayed for quashing of the entire proceeding of Special Trial No.253 of 2022 under Sections 323, 504, 506 I.P.C. and Sections 3(1) (r), 3(1) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 P.S. Manpur , District Sitapur, State of U.P. Vs. Chhotu @ Atul Shukla and others, pending before the court of Special Judge SC/ST Act, Sitapur on the basis of compromise dated 14.12.2022 between complainants and applicants/accused which has been duly verified before trial court on 28.2.2023.

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 14.12.2022. Thereafter, the applicants filed an Application U/S 482 No.366 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 28.2.2023. 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 may be quashed.

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 14.12.2022 and said compromise has been verified on 28.2.2023 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings relating to Special Trial No.253 of 2022.

In view of the above, as the applicants and opposite parties have entered into compromise on 14.12.2022 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 Special Trial No.253 of 2022 are hereby quashed.

The compromise shall be part of this order.

The application is allowed accordingly.

Consigned to records.

Order Date :- 16.5.2023

Ram Murti