Shailendra Yadav Alias Shailendra And 2 ... vs State Of U.P. Thru. Addil. Chief Secy. ...
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Allahabad High Court

Shailendra Yadav Alias Shailendra And 2 ... vs State Of U.P. Thru. Addil. Chief Secy. ... on 24 May, 2024

Author: Karunesh Singh Pawar

Bench: Karunesh Singh Pawar

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


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Neutral Citation No. - 2024:AHC-LKO:39726
 
Court No. - 15
 

 
Case :- APPLICATION U/S 482 No. - 4694 of 2024
 

 
Applicant :- Shailendra Yadav Alias Shailendra And 2 Others
 
Opposite Party :- State Of U.P. Thru. Addil. Chief Secy. Home Lko. And Another
 
Counsel for Applicant :- Vijay Bahadur Yadav
 
Counsel for Opposite Party :- G.A.,Adarsh Srivastava
 

 
Hon'ble Karunesh Singh Pawar,J.
 

Heard learned counsel for the petitioners, learned A.G.A. for the State and Shri Adarsh Srivastava, Advocate who has filed Vakalatnama on behalf of respondent no.2 which is taken on record.

The petition seeks quashing of the entire proceedings of Criminal Case No.2617 of 2022, State vs. Anand Kumar Tiwari and others and charge-sheet dated 24.6.2021 arising out of Case Crime No.0113 of 2021 under Section 323, 504, 506, 34 I.P.C., Police Station Dostpur, District Sultanpur, pending in the court of Additional Chief Judicial Magistrate-III, Court no.19, Sultanpur in the light of compromise dated 30.8.2023, (Annexure No.3).

Learned counsel for the petitioners submits that out of five accused in the charge-sheet, three have entered into the compromise with respondent no.2 and the matter has been settled amicably outside the court vide compromise dated 30.8.2023, copy of which is on record as Annexure-3 to the petition.

Further it has been submitted by learned counsel for the petitioners that in compliance of order passed by this Court dated 1.11.2023 passed in Application U/S 482 No.10682 of 2023, Shailendra Yadav @ Shailendra and 2 others vs. State of U.P. and another, the compromise has been verified by the learned court below. The verification report of learned court below dated 23.1.2024 is on record as Annexure-5 to the petition.

Learned counsel for respondent no.2 concedes the argument made by learned counsel for the petitioners.

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.

Learned A.G.A. for the respondent State submits that out of five, three have entered into the compromise. The other two have not come before this Court.

On due consideration to the submissions advanced, perusal of the record as well as the judgement of Hon'ble Supreme Court in the case of Lovely Salhotra and another vs. State (NCT of Delhi) and another reported in (2018) 12 SCC 391 the petitioners cannot be made to suffer only because the other two accused have not entered into the compromise.

In view of the above, the petition is allowed and the criminal proceedings (supra) are hereby quashed so far as it relates to the petitioners only.

Order Date :- 24.5.2024/Madhu