Allahabad High Court
Sunil @ Patram vs State Of U.P Thru. Prin. Secy. Home Civil ... on 9 May, 2024
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:36218
Court No. - 15
Case :- APPLICATION U/S 482 No. - 951 of 2024
Applicant :- Sunil @ Patram
Opposite Party :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. And Another
Counsel for Applicant :- Anit Vishal Srivastav,Devendra Kumar Singh
Counsel for Opposite Party :- G.A.,Pooja Pandey
Hon'ble Karunesh Singh Pawar,J.
1. Heard learned counsel for the petitioner, learned A.G.A. for the State and learned counsel for respondent no.2.
2. The petition seeks quashing of the entire proceedings of the Session Trial No.95236 of 2022 arising out of Case Crime No.654 of 2020 under Sections 323, 504, 506 Indian Penal Code, Police Station Chinhat, District Lucknow pending in the court of Additional Chief Judicial Magistrate-III, Lucknow as well as the charge-sheet dated 07.11.2020.
3. Learned counsel for the parties submit that the petitioner and respondent no.2 have amicably settled their dispute outside the court by way of a compromise, copy of which is on record as Annexure-5 to the petition.
4. Accordingly, this Court vide order dated 02.02.2024 sent the matter before the learned trial court for verification. The order dated 02.02.2024 is extracted below:-
"Vakalatnama filed by Ms. Pooja Pandey on behalf of opposite party no. 2 today is taken on record.
Heard learned counsel for the applicant, learned counsel for the opposite party no. 2, learned AGA and perused the record.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the entire proceedings of Case Crime No. 0654 of 2020 arising out of Case Crime No. 95236 of 2022 under Sections 323, 504, 506 IPC, P.S. Chinhat, Lucknow as well as quash the charge sheet dated 7.11.2020 and summoning order dated 28.10.2022 passed by the court below.
Learned counsel for the applicant submits that applicant has falsely been implicated in Case Crime No. 654 of 2020 as no offence as mentioned in the FIR took place and the FIR lodged against the applicant by the informant was false with exaggerated allegations. The Investigating Officer has submitted the charge sheet against applicant in mechanical manner and without any cogent evidence, therefore, the applicant has challenged the same in the present application under Section 482 Cr.P.C.
Learned counsel further submits that during the pendency of the proceedings, a good sense prevailed between the parties and by intervention of some respectable persons, they have entered into a compromise out of Court. A compromise deed has also been filed, which is annexed as Annexure-5 to the affidavit of this petition, may be verified from the Trial Court.
Learned AGA has no objection.
In view of above, the compromise deed is sent to the court concerned, who will verify the same in accordance with law.
The parties shall appear before the court concerned on 12.2.2024 and the Court will pass a suitable order regarding the verification of the compromise in accordance with law and will submit its report before this Court on the next date of listing.
The applicant shall also have liberty to take the certified copy of the compromise deed as well as verification order of the court in the present case.
List this case in the week commencing 26.2.2024.
Till the next date of listing, no coercive action shall be taken against the applicant in Case Crime No. 0654 of 2020 arising out of Case Crime No. 95236 of 2022 under Sections 323, 504, 506 IPC, P.S. Chinhat, Lucknow.
Registry is directed to the return the original deed of compromise to the applicant in accordance with rules."
5. In compliance of the order dated 02.02.2024, learned trial court vide its order dated 09.02.2024 in presence of the parties has verified the compromise, the verification report of the learned trial court is on record.
6. Learned counsel for respondent no.2 concedes the argument made by learned counsel for the petitioner.
7. Learned counsel for the parties submits that since the parties have amicably resolved the dispute between them by way of a compromise that compromise has been verified by the learned trial court vide order dated 09.02.2024 therefore, the impugned proceedings may be quashed on the basis of aforesaid compromise or verification report. They further submit that in view of the judgments of Hon'ble Apex Court in B. S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus State of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466, the proceedings pending before learned trial court are also liable to be quashed.
8. In view of the fact that the parties have settled their dispute outside the Court by way of compromise and from perusal of the record it appears that the compromise has been verified by trial court and the verification report dated 09.02.2024 is on record as well as law laid down by the Hon'ble Supreme Court of India in the cases (supra), the present petition is allowed and the criminal proceedings (supra) are hereby quashed.
Order Date :- 9.5.2024
Saurabh Yadav/-
