Allahabad High Court
Sharad Alias Saurabh Shukla vs State Of U.P. Thru. Secy. Home Civil ... on 25 May, 2024
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:39980
Court No. - 15
Case :- APPLICATION U/S 482 No. - 4812 of 2024
Applicant :- Sharad Alias Saurabh Shukla
Opposite Party :- State Of U.P. Thru. Secy. Home Civil Sectt. Lko And Another
Counsel for Applicant :- Mukteshwar Mishra,Poornendra Kumar Awasthi
Counsel for Opposite Party :- G.A.,Amit Kumar Srivastava
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and Shri Amit Kumar Srivastava, Advocate, who has filed Vakalatnama on behalf of respondent no.2 which is taken on record.
The present application under Section 482 Cr.P.C. has been filed by the applicants for quashing of the impugned proceedings of the Criminal Case No.82500 of 2019, Case Crime No.0480 of 2018, under section 454, 427, 380 and 511 I.P.C., Police Station Mahanagar, District Lucknow.
Learned counsel for the applicant submits that the parties have settled their dispute amicably outside the court by way of compromise. The original/certified copy of the compromise dated 2.4.2024 is on record as Annexure-4 to the application. On the basis of the said compromise, earlier the applicant has filed Application U/S 482 No.3286 of 2024 before this court in which vide order dated 9.4.2024 the matter was sent to learned trial court for verification of compromise in the presence of parties.
Further it has been submitted by learned counsel for the applicants that in compliance of order passed by this Court, parties had appeared before the trial court, who in the presence of the parties has verified the compromise entered between the parties vide its order dated 30.4.2024. The copy of the verification report dated 30.4.2024 is on record as Annexure-6 to the application.
Learned counsel for respondent no.2 concedes the argument made by learned counsel for the applicants.
Learned A.G.A. has also no objection if the impugned proceedings are quashed.
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 impugned proceedings (supra) are hereby quashed.
Order Date :- 25.5.2024
Madhu
