Allahabad High Court
Smt Farzana vs State Of U.P.And Another on 25 September, 2023
Bench: Anish Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:186555
Court No. - 92
Case :- APPLICATION U/S 482 No. - 782 of 2020
Applicant :- Smt Farzana
Opposite Party :- State Of U.P.And Another
Counsel for Applicant :- Sushil Kumar Shukla
Counsel for Opposite Party :- G.A.,Brijesh Singh,Manoj Kumar Srivastava
Hon'ble Anish Kumar Gupta,J.
1. Supplementary affidavit filed on behalf of the applicant is taken on record.
2.Heard Sri Shivam Shukla, Advoacte holding brief on behalf of Sri Sushil Kumar Shukla, learned counsel for the applicant, Sri Brijesh Singh, learned counsel for the opposite party no.2 and Sri Akhilesh Kumar Srivastava, learned A.G.A. for the State.
3.The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 21.9.2019, as well as entire proceeding of complaint case No. 1199 of 2019 (Smt. Rahmat Bee Vs. Idrish Khan and others), under Section 420 IPC, P.S. Kotwali Bareilly, District Bareilly, pending in the court of Additional Civil Judge, (S.D.)-6/A.C.J.M., Bareilly.
4. Vide order dated 10.08.2023, the compromise between the parties was directed to be verified by the learned Trial Court. As per the reported dated 28.08.2023, the Chief Judicial Magistrate, Bareilly, has submitted that the compromise between the parties has been duly verified on presence of the parties, vide order dated 28.08.2023.
5. Learned counsel for the applicant submits that the instant case was filed against the applicant herein, out of some dispute with regard to execution of some sale deed and since the dispute between the parties was of civil in nature, which has been amicably settled between the parties and the compromise between the parties has already been verified by the learned Trial Court, vide order dated 28.08.2023, therefore, the applicant as well as the learned counsel for opposite party no.2 have jointly prayed for quashing of the entire proceedings arising out of the said complaint case on the basis of compromise between the parties.
6. Looking at the nature of dispute, the allegations and specifically which were of civil in nature and which has been being amicably settled between the parties and the said compromise has already been verified by the learned Trial Court, learned counsel for the State do not object to quashing of the proceedings arising out of the said complaint case.
7. In view of the aforesaid submissions made by learned counsels for the parties and specifically the fact that in the instant case, the dispute was with regard to the execution of some sale deed and the matter was of a private nature and which has already been settled between the parties amicably and the compromise was entered into between the parties, which has been duly verified by the learned Trial Court vide order dated 28.08.2023.
8. Therefore, due to the aforesaid developments no fruitful purpose shall be served by keeping this criminal proceedings pending against the applicants. Therefore, in the light of the judgments of the Apex Court in State of Madhya Pradesh vs. Laxmi Narayan and Ors. : (2019) 5 SCC 688 and Gian Singh vs. State of Punjab and Another : (2012) 10 SCC 303, the summoning order dated 21.9.2019, as well as entire proceeding of complaint case No. 1199 of 2019 (Smt. Rahmat Bee Vs. Idrish Khan and others), under Section 420 IPC, P.S. Kotwali Bareilly, District Bareilly, pending in the court of Additional Civil Judge, (S.D.)-6/A.C.J.M., Bareilly, are hereby quashed.
Order Date :- 25.9.2023
Shubham Arya
