Allahabad High Court
Arisudan Verma vs State Of U.P. Thru. Prin.Secy. ... on 18 October, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:68854
Court No. - 28
Case :- APPLICATION U/S 482 No. - 9834 of 2023
Applicant :- Arisudan Verma
Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Deptt. And Another
Counsel for Applicant :- Dinesh Kumar Shukla
Counsel for Opposite Party :- G.A.,Shailendra Kumar
Hon'ble Shree Prakash Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, Sri Aniruddh Kumar Singh, learned A.G.A.-I for the State, Sri Shailendra Kumar, learned counsel for the opposite party no.2 and perused the record.
By means of the instant application, the applicant has prayed for quashing the summoning order dated 16.10.2018 passed by court of Chief Judicial Magistrate, Gonda in Criminal Case No.151 of 2019 (State Vs. Arisudan Verma) as well as charge sheet No.331 of 2016 dated 18.9.2016 arising out of Crime No.624 of 2015 under Section 419, 420, 406, 506 I.P.C. registered at Police Station Kotwali Nagar, District Gonda.
Learned counsel for the applicant submits that due to certain misunderstanding, the instant F.I.R. was lodged against the applicant. He added that later on, the parties sat together and have amicably settled their disputes, which has been reduced in writing on 18.8.2023. Thereafter, the applicant filed an Application U/S 482 No.8587 of 2023 wherein this Court, vide order dated 28.8.2023, has directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 26.9.2023. 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 against the applicant may be quashed.
Learned counsel for the opposite party no.2 has also supported the version of the learned counsel for the applicant and submits that parties have amicably settled their dispute and the opposite party no.2 has no grievance, hence, criminal proceedings against the applicant 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 18.8.2023 and said compromise has been verified on 26.9.2023 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings against the applicant.
In view of the above, as the applicant and opposite parties have entered into compromise on 18.8.2023 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.
Accordingly, entire criminal proceedings of Criminal Case No.151 of 2019 (State Vs. Arisudan Verma) arising out of Crime No.624 of 2015 under Section 419, 420, 406, 506 I.P.C. registered at Police Station Kotwali Nagar, District Gonda, are hereby quashed.
The compromise shall be part of this order.
The application is allowed accordingly.
Consigned to records.
Order Date :- 18.10.2023
Ram Murti
