Golu Alias Shahida And Another vs State Of U.P. Thru. The Prin. Secy. Home ...
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Allahabad High Court

Golu Alias Shahida And Another vs State Of U.P. Thru. The 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:37700
 
Court No. - 15
 
Case :- APPLICATION U/S 482 No. - 4448 of 2024
 
Applicant :- Golu Alias Shahida And Another
 
Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. And Another
 
Counsel for Applicant :- Manoj Kumar Singh
 
Counsel for Opposite Party :- G.A.,Rayees Ahmad Khan
 

 
Hon'ble Karunesh Singh Pawar,J.
 

Heard learned counsel for the petitioners, Mohd. Rayees Ahmad Khan, Advocate who has filed his Vakalatnama on behalf of opposite party No.2, which is taken on record, and learned A.G.A. for the respondent State.

The instant application under Section 482 Cr.P.C. has been filed for quashing the impugned charge sheet no.89 of 2014 dated 18.11.2014 of Case Crime No.109A/2014 under Sections 504, 506 I.P.C. and 3(1)x, SC/ST Act, P.S. Cantt. District Lucknow, as well as criminal proceedings initiated in pursuance thereof of Case No.1168 of 2015 now 665 of 2017, State Vs. Golu alias Shahida and another, sending in the court of Additional District and Sessions Judge/Special Judge (SC/ST) Act, Lucknow, on the basis of compromise dated 3.11.2022.

Learned counsel for the parties submit that compromise was entered between the parties and vide order dated 22.08.2023, both the parties were directed to appear before the concerned court/trial court for verification of the compromise deed which is on record as Annexure No. 4 to the petition. The petitioners as well as respondent no. 2 were present before the Special Judge (S.C./S.T. Act), Lucknow and in their presence the compromise has been verified by the Special Judge (S.C./S.T. Act), Luckno vide order dated 17.02.2024 which is on record as Annexure No. 6 to the petition.

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

Learned A.G.A. has no objection to this prayer.

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.

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 court below and the verification report dated 17.02.2024 (Anexure No. 6) 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 :- 15.5.2024

R.C.