Allahabad High Court
Ganga Ram And 3 Others vs State Of U.P. Thru. Secy. Home ... on 20 September, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:60700
Court No. - 28
Case :- APPLICATION U/S 482 No. - 8982 of 2023
Applicant :- Ganga Ram And 3 Others
Opposite Party :- State Of U.P. Thru. Secy. Home Civil Sectt. U.P. Lko. And Another
Counsel for Applicant :- Arun Kumar Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Sri Sachin Srivastava, Advocate has put in appearance before this Court today by filing his vakalatnama on behalf of opposite party no.2, which is taken on record.
Heard learned counsel or the applicants, learned A.G.A. for the State, learned counsel for opposite party no.2 and perused the material placed on record.
Instant application has been filed with prayer to quash the entire proceeding of Sessions Trial No.179 of 2017 (State vs. Ganga Ram and Others) pending before the Additional District and Sessions Judge/ Special Judge E.C. Act, arising out of Case Crime No.0129 of 2016, under Sections 308, 323, 324, 504 I.P.C., Police Station- Kotwali Bikapur, District- Faizabad/ now Ayodhaya, on the basis of compromise between the parties being verified by the learned Court of Additional District and Sessions Judge/ Special Judge E.C. Act, vide report/order dated 05.08.2023 in compliance of judgment/ order dated 24.07.2023 passed by this Court.
4. The learned counsel for the applicants submits that due to certain misunderstanding, the instant FIR was lodged against the applicants and thereafter the parties sat together and has amicably settled their dispute which has been reduced in writing on 12.07.2023. He added that thereafter the applicants filed the instant application for direction to the Trial Court to verify the compromise deed and in compliance of the order dated 24.07.2023, the verification was done and report has been submitted to this Court by the Trial Court vide report/order dated 05.08.2023 by the Trial Court. He submits that further criminal proceeding in the instant matter would amount to harassment and thus the instant criminal proceeding arising out of Case Crime No.0129 of 2016 may be quashed.
5. Learned counsel for the opposite party no.2 has also supported the contention of the learned counsel for the applicants and submits that parties have amicable settled their dispute and the opposite party no.2 has no grievance, hence, criminal proceedings against the applicants may be dropped.
6. Learned counsel for the State has no objection to the contention aforesaid.
7. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 12.07.2023 and said compromise has been verified on 05.08.2023 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal case relating to Case Crime No.0129 of 2016.
8. In view of the above, as the applicants and opposite parties have entered into compromise on 10.05.2022 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 Judgements 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.
9. Accordingly, entire proceedings of Sessions Trial No.179 of 2017 (State vs. Ganga Ram and Others) pending before the Additional District and Sessions Judge/ Special Judge E.C. Act, arising out of Case Crime No.0129 of 2016, under Sections 308, 323, 324, 504 I.P.C., Police Station- Kotwali Bikapur, District- Faizabad/ now Ayodhaya, are hereby quashed.
10. The compromise shall be part of this order.
11. The application is allowed accordingly.
12. Consigned to record.
Order Date :- 20.9.2023
Manoj K.
