Allahabad High Court
Raju @ Rajesh Kumar And 3 Others vs State Of U.P. Thru. Addl. Chief Secy. ... on 10 May, 2024
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:36110
Court No. - 13
Case :- CRIMINAL APPEAL No. - 1604 of 2024
Appellant :- Raju @ Rajesh Kumar And 3 Others
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another
Counsel for Appellant :- Bhola Singh Patel,Shubham Yadav
Counsel for Respondent :- G.A.
Hon'ble Saurabh Lavania,J.
1. Sri Pravin Kumar Verma, Advocate, has put in appearance for the opposite party no. 2 and has filed his Vakalatnama, which is taken on record.
2. Heard learned counsel for the applicant, learned AGA for the State of U.P. and gone through the record.
3. The present appeal has been filed with a prayer to quash the charge sheet dated 17.05.2006 alongwith summoning/cognizance order dated 18.07.2006 and entire proceedings of Criminal Case No. 0501343/2006 (State vs. Anjani Kumar and others), arising out of Case Crime No. 17/2006, under Sections- 323/504/506 IPC and Sections- 3(i)(x) of SC/ST Act, Police Station- Nigoha, District- Lucknow.
4. It appears that after considering the averments made in Criminal Appeal No. 832 of 2024 and the documents in support thereof as also the submissions made by the learned counsel for the appellants, this Court vide order dated28.03.2024 referred the matter to the concerned court for the purpose of verification of the compromise entered into between the parties.
5. It appears from the order dated 22.04.2024 that theSpecial Judge, S.C./S.T. Act, Lucknow has verified the compromise, mentioning therein that the parties were present and they have admitted that they have entered into an agreement voluntarily and their signatures have been verified by their respective counsels before the court.
6. For the relief(s) sought, on the basis of compromise, the learned counsel for the appellants has placed reliance on the judgments of the Apex Court in the case of Romgopal and others Vs. State of Madhya Pradesh, 2022 (1) SCJ 536, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106, Gold Quest International Ltd. Vs. State of Tamilnadu, 2014 (15) SCC 235, B.S. Joshi Vs. State of Haryana, 2003 (4) SCC 675, Jitendra Raghuvanshi Vs. Babita Raghuvanshi, 2013(4) SCC 58, Madhavarao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre, 1988 1 SCC 692, Nikhil Merchant Vs. C.B.I. and another, 2008(9) SCC 677, Manoj Sharma Vs. State and others, 2008(16) SCC 1, State of M.P. Vs. Laxmi Narayan and others, 2019(5) SCC 688, Narindra Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466, Manoj Kumar and others Vs. State of U.P and others (2008) 8 SCC 781, Union Carbide Corporation and others Vs. Union of India and others (1991) 4 SCC 584, Manohar Lal Sharma Vs. Principal Secretary and others (2014) 2 SCC 532 and Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409.
7. Learned AGA could not dispute the fact that the compromise has been entered into between the parties and now the opposite party no. 2 does not want to proceed with the proceedings in issue.
8. Considering the submissions advanced by learned counsel for the parties and perusing the order of trial court dated22.04.2024 as also taking note of the observations made by Hon'ble Apex Court in the judgments, referred above, and the nature of dispute/crime, this Court is of the view that no purpose would be served in keeping the proceedings pending before the trial court and hence, the proceedings of charge sheet dated 17.05.2006 alongwith summoning/cognizance order dated 18.07.2006 and entire proceedings of Criminal Case No. 0501343/2006 (State vs. Anjani Kumar and others), arising out of Case Crime No. 17/2006, under Sections- 323/504/506 IPC and Sections- 3(i)(x) of SC/ST Act, Police Station- Nigoha, District- Lucknow, are hereby quashed in terms of the compromise.
Accordingly, the present appeal is allowed in above terms.
Office/Registry is directed to send the copy of this order to concerned court forthwith.
Order Date :- 10.5.2024
Arun/-
