Allahabad High Court
Ashish Kumar Trivedi And Others vs State Of U.P. Thru. Its Prin.Secy. Home ... on 23 May, 2024
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:39207
Court No. - 15
Case :- APPLICATION U/S 482 No. - 4735 of 2024
Applicant :- Ashish Kumar Trivedi And Others
Opposite Party :- State Of U.P. Thru. Its Prin.Secy. Home Lko. And Another
Counsel for Applicant :- Saurabh Srivastava
Counsel for Opposite Party :- G.A.,Km.Pratibha Vaish
Hon'ble Karunesh Singh Pawar,J.
1.Heard learned counsel for the applicants, Ms. Pratibha Vaish, learned counsel for respondent No.2 who has filed vakalatnama which is taken on record, and learned counsel appearing on behalf of private respondent as also learned A.G.A..
2.By means of present petition, the petitioners have prayed for quashing of entire proceedings of criminal case No.121 of 2018 arising out of case crime No.171 of 2018 under sections 498-A, 323, 504, 506, 511, 406, 312 I.P.C. and 3/4 D.P. Act, P.S. Gurubux Ganj, district Raebareli (State versus Ashish Kumar Trivedi and others) and cognizance order dated 25.3.2019.
3.Learned counsel for the petitioners submits that the parties have entered into compromise outside the court. On the basis of compromise which is on record, a petition under section 482 CrPC, bearing No.3336 of 2024 was filed by the petitioners. The said petition has been disposed of vide order dated 10.4.2024, whereby, the trial court was directed to verify the compromise in presence of the parties. In compliance of the said order, the parties have appeared before the trial court and the learned Magistrate has verified the compromise in the presence of the parties vide order dated 25.4.2024.
4.It is submitted on behalf of the petitioners that the dispute between the petitioners and private respondent has been amicably settled by way of compromise, which has been verified under orders of this Court. Therefore, the impugned proceedings are liable to be quashed.
Learned counsel has relied on judgment of Supreme Court in Ramawatar versus State of M.P. 2021 SCC OnLine SC 966, (2012)10 SCC 303 Gian Singh versus State of Punjab and another and (2014)6 SCC 466 Narinder Singh and others versus State of Punjab and another and Parbatbhai Aahir alias Parbatbhai Bhimsinhbhai Karmur and others versus State of Gujarat and another (2017)9 SCC 641.
5.Learned counsel for respondent No.2 concedes the arguments advanced by petitioners' counsel.
6.On due consideration to the submission(s) of parties' counsel, the compromise entered into between the parties as well as the verification report, the judgment in aforesaid cases and perusal of the record, this Court is of the view that the impugned proceedings are liable to be and are hereby quashed.
7.The petition is accordingly disposed of.
Order Date :- 23.5.2024
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