Kripashankar Yadav And 2 Others vs State Of U.P. Thru. Prin. Secy. Home Lko. ...
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Allahabad High Court

Kripashankar Yadav And 2 Others vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 10 May, 2024

Author: Karunesh Singh Pawar

Bench: Karunesh Singh Pawar

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:36082
 

 
Court No. - 15
 

 
Case :- APPLICATION U/S 482 No. - 4328 of 2024
 

 
Applicant :- Kripashankar Yadav And 2 Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others
 
Counsel for Applicant :- D.P. Dutt Tiwari
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Karunesh Singh Pawar,J. 
 

Heard learned counsel for the applicants, Sri Deepika Gupta, Advocate who has filed his Vakalatnama on behalf of opposite party Nos.2 to 4, which is taken on record, and learned A.G.A. for the respondent State.

By means of the instant application filed under Section 482 Cr.P.C. the applicants have sought quashing of the impugned charge-sheet no.212 of 2001 dated 1.10.2001 arising out of Case Crime No.044 of 2001 under Section 323, 504, 506 Indian Penal Code and Section 3(1)(x) SC/ST Act, Police Station Malihabad, District Lucknow as well as entire criminal proceedings of Special Trial No. 701 of 2004 pending before learned Special Judge SC/ST Act, Lucknow on the basis of compromise.

Learned counsel for the applicants submits that since the parties have amicably settled their dispute outside the Court by way of compromise, a copy of which is on record. Coordinate Bench of this Court vide order dated 9.11.2023 passed in Application u/s 482 Cr.P.C. No.11167 of 2023 directed the compromise to be verified by the learned court below.

In compliance of the order passed by this Court, learned court below vide order dated 11.1.2024 (Annexure-6 to the application) verified the compromise.

Learned counsel for opposite party No.2 concedes the argument made by learned counsel for the applicant.

Learned counsel for the parties submits that in view of the judgments of Hon'ble Apex Court in Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur & Ors vs State of Gujarat & Anr : (2017) 9 SCC 641 and Ramavtar vs. State of M.P. reported in 2021 SCC OnLine Sc 966 the proceedings pending before learned trial court are liable to be quashed.

Considering the fact that the parties have settled their dispute outside the Court by way of compromise and the same has been verified by learned court below and the verification report dated 11.1.2024 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 :- 10.5.2024

Madhu