Allahabad High Court
Prabhat Kumar Dixit @ Pankaj Dixit ... vs State Of U.P. Thru. Addl. Chief ... on 25 September, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:61818
Court No. - 28
Case :- APPLICATION U/S 482 No. - 7621 of 2023
Applicant :- Prabhat Kumar Dixit @ Pankaj Dixit And Another
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Prin. Secy. Home Lko. And Another
Counsel for Applicant :- Ashish David Rao
Counsel for Opposite Party :- G.A.,Ateeq Ahmad,Shakir Ali,Shakti Kumar Verma
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicants, Sri Aniruddh Kumar Singh, learned A.G.A.-I for the State, Sri Shakir Ali, 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 proceedings of Criminal Case No.1497 of 2014, State Vs. Deva @ Dileep Singh and others, arising out of Case Crime No.371 of 2013, Police Station Gazipur, Lucknow pending in the court of Special Chief Judicial Magistrate (Custom), Lucknow, under Sections 147, 323, 427 I.P.C. and for quashing the order dated 24.3.2014 passed by Special Chief Judicial Magistrate (Custom), Lucknow in Criminal Case No.1497 of 2014, State Vs. Deva @ Dileep Singh and others, whereby the applicants have been summoned as accused under Sections 147, 323, 427 I.P.C. arising out of Case Crime No.371 of 2013 under Sections 147, 323, 427 I.P.C. filed by police of Police Station Gazipur, District Lucknow.
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 22.5.2023. Thereafter, the applicants filed an Application U/S 482 No.5709 of 2023, wherein this Court, vide order dated 31.5.2023 has directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 16.6.2023. 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 applicants may be quashed.
Learned counsel for the opposite party no.2 has also supported the version of the learned counsel for the applicants and submits that parties have amicably settled their dispute and the 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 22.5.2023 and said compromise has been verified on 16.6.2023 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings against the applicants in the aforementioned case.
In view of the above, as the applicants and opposite parties have entered into compromise on 16.6.2023 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 in Criminal Case No.1497 of 2014, State Vs. Deva @ Dileep Singh and others, pending in the court of Special Chief Judicial Magistrate (Custom), Lucknow, arising out of Case Crime No.371 of 2013, Police Station Gazipur, Lucknow under Sections 147, 323, 427 I.P.C. are hereby quashed.
The compromise shall be part of this order.
The application is allowed accordingly.
Consigned to records.
Order Date :- 25.9.2023
Ram Murti
