Narsingh Alias Narsingh Narayan Tiwari ... vs State Of U.P. Thru. Prin. Secy. Home Lko. ...
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Allahabad High Court

Narsingh Alias Narsingh Narayan Tiwari ... vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 24 May, 2024

Author: Karunesh Singh Pawar

Bench: Karunesh Singh Pawar

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:39549
 
Court No. - 15
 

 
Case :- APPLICATION U/S 482 No. - 4773 of 2024
 

 
Applicant :- Narsingh Alias Narsingh Narayan Tiwari And 2 Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others
 
Counsel for Applicant :- Diwakar Pratap Pandey
 
Counsel for Opposite Party :- G.A.,Rameshwar Tiwari
 

 
Hon'ble Karunesh Singh Pawar,J.
 

1. Vakalatnama filed by Sri Rameshwar Tiwari on behalf of respondent Nos.2 and 3 are taken on record.

2. Heard learned counsel for the petitioners, learned A.G.A. for the State and learned counsel for respondent Nos.2 and 3.

3. The petition seeks quashing of the entire proceedings of the Case No.353/2021 arising out of Case Crime No.236 of 2020 under Sections 323, 504, 506, 308 Indian Penal Code, Police Station Khandasa, District Faizabad pending in the court of Additional Chief Judicial Magistrate-II, Faizabad.

4. Learned counsel for the parties submit that the petitioners and respondentNos.2 and 3 have amicably settled their dispute outside the court vide compromise dated 21.03.2024, copy of which is on record as Annexure-3 to the petition.

5. Further it has been submitted by learned counsel for the petitioners that in compliance of order passed by this Court dated 02.04.2024 the compromise has been verified by the learned court below.

6. Learned counsel for respondentNos.2 and 3 concedes the argument made by learned counsel for the petitioners.

7. 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.

8. 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 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 :- 24.5.2024

Saurabh Yadav/-