Allahabad High Court
Amit Kanchhal vs State Of U.P. Thru. Prin. Secy. Home ... on 15 May, 2024
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:37270
Court No. - 15
Case :- APPLICATION U/S 482 No. - 1669 of 2024
Applicant :- Amit Kanchhal
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. And 2 Other
Counsel for Applicant :- Bhup Chandra Singh,Vinay Kumar Dubey
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and Shri Shesh Ram Verma, Advocate, who has filed Vakalatnama on behalf of respondent nos.2 and 3, which is taken on record.
The present application under Section 482 Cr.P.C. has been filed by the applicant for quashing the all criminal proceedings of case no. 60035/2018 arising out of case crime no. 0175/2017 under section 406 IPC, Police Station - Hazratganj, district - Lucknow pending in the court of learned Chief Judicial Magistrate, Lucknow and cognizance order dated 29.10.2018 passed in case no. 60035/2018 by the learned Chief Judicial Magistrate, Lucknow and the charge sheet dated 19.07.2017 filed under section 406 IPC in the case crime no. 175/2017 under section 406 IPC, Police Station - Hazratganj, district - Lucknow on the basis of compromise dated 17.02.2024
This Court vide order dated 22.2.2024 has passed the following order:-
"1. Heard Sri Vinay Kumar Dubey, learned counsel for petitioner and Sri Vishwanath Nishad, learned AGA for the State.
2. Sri Vishal Kumar Yadav, learned Advocate, has put in appearance on behalf of opposite parties no.2 & 3 and filed Vakalatnama. Said Vakalatnama is taken on record.
3. By means of this petition filed under Section 482 Cr.P.C., the petitioner has prayed the following main reliefs:-
"WHEREFORE it is most respectfully prayed that in the above noted facts and circumstances, this Hon'ble court may kindly be pleased to quash the all criminal proceedings of case no. 60035/2018 arising out of case crime no. 0175/2017 under section 406 IPC, Police Station - Hazratganj, district - Lucknow pending in the court of learned Chief Judicial Magistrate, Lucknow and also set-aside the cognizance order dated 29.10.2018 passed in case no. 60035/2018 by the learned Chief Judicial Magistrate, Lucknow and also quash the charge sheet dated 19.07.2017 filed under section 406 IPC in the case crime no. 175/2017 under section 406 IPC, Police Station - Hazratganj, district - Lucknow on the basis of compromise dated 17.02.2024, so far as it relates with the petitioner in the interest of justice."
4. Learned counsel for the petitioner submits that parties have amicably compromised their dispute. Photocopy of the compromise taken place between the parties dated 17.02.2024 has been annexed with this petition as Annexure No.3.
5. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below i.e. Chief Judicial Magistrate, Lucknow as such compromise has to be duly verified in presence of the parties concerned before the court concerned.
6. Accordingly, for the purpose of verification of the compromise, parties of the compromise deed will appear before the court concerned on 04.03.2024 along with original compromise deed and the learned court below shall proceed to verify the compromise-deed. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court below and the same shall be sent to this Court by the next date of listing. The compromise will be made part of the record. The court below in that scenario will allow the parties to obtain certified copy of the report as well as compromise.
7. List this case on 21.03.2024 within top ten cases.
8. Till the next date of listing, petitioner shall not be compelled to appear before the court below pursuant to the aforesaid criminal case.
9. When the case is next listed, name of Sri Vishal Kumar Yadav shall be printed in the cause list as counsel for opposite parties no.2 & 3."
Learned counsel for the applicant and learned counsel for respondent nos.2 and 3 have submitted that the matter has been amicably settled between the parties by way of compromise and the same has also been verified by the learned court below. The verification report dated 20.3.2024 is on record.
Learned counsel for the parties submits 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 liable to be quashed.
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 the trial court and the verification report is on record as well as considering the ratio laid down by the Hon'ble Supreme Court in the cases (supra), it would be appropriate in the facts and circumstances of the case to quash the criminal proceedings as continuance of the proceedings in pursuance of the criminal proceedings would be an exercise in futility.
Accordingly, the present petition is allowed and the entire criminal proceedings of case no. 60035/2018 arising out of case crime no. 0175/2017 under section 406 IPC, Police Station - Hazratganj, district - Lucknow pending in the court of learned Chief Judicial Magistrate, Lucknow and cognizance order dated 29.10.2018 passed in case no. 60035/2018 by the learned Chief Judicial Magistrate, Lucknow and the charge sheet dated 19.07.2017 filed under section 406 IPC in the case crime no. 175/2017 under section 406 IPC, Police Station - Hazratganj, district - Lucknow, are hereby quashed.
Order Date :- 15.5.2024
Madhu
