Sageer Ahmad And 4 Others vs State Of U.P. Thru. Prin.Secy. Home And ...
2024 Latest Caselaw 20036 ALL

Allahabad High Court

Sageer Ahmad And 4 Others vs State Of U.P. Thru. Prin.Secy. Home And ... on 30 May, 2024

Author: Karunesh Singh Pawar

Bench: Karunesh Singh Pawar

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:41502
 
Court No. - 15
 

 
Case :- APPLICATION U/S 482 No. - 5044 of 2024
 

 
Applicant :- Sageer Ahmad And 4 Others
 
Opposite Party :- State Of U.P. Thru. Prin.Secy. Home And Another
 
Counsel for Applicant :- Rajeev Kumar Mishra Rudra
 
Counsel for Opposite Party :- G.A.,Rajendra Prasad Lodhi
 

 
Hon'ble Karunesh Singh Pawar,J.
 

1. Heard learned counsel for the petitioners, learned A.G.A. for the State and Shri Rajendra Prasad Lodhi, learned counsel for respondent no.2 who has filed his vakalatnama and the same is taken on record.

2. The petition seeks quashing of the entire proceedings of the Criminal Case No.1610 of 2015 "State vs. Sageer Ahmad & others" pending before the court of Chief Judicial Magistrate, Gonda, arising out of Case Crime No.43 of 2012, under Sections 498-A, 323, 504, 506 Indian Penal Code, Police Station Mahila Thana, District Gonda.

3. Learned counsel for the parties submit that the petitioners and respondent no.2 have amicably settled their dispute outside the court vide compromise dated 05.03.2024, copy of which is on record as Annexure-4 to the petition.

4. Further it has been submitted by learned counsel for the petitioners that in compliance of order passed by this Court dated 10.04.2024 the compromise has been verified by the learned court below.

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

6. 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.

7. 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 10.05.2024 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 :- 30.5.2024

Saurabh Yadav/-