Suresh Kumar Alias Sonu Alias Suresh ... vs State Of U.P. Thru. Prin. Secy. Home Lko. ...
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Allahabad High Court

Suresh Kumar Alias Sonu Alias Suresh ... vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 31 May, 2024

Author: Karunesh Singh Pawar

Bench: Karunesh Singh Pawar

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:41476
 
Court No. - 15
 

 
Case :- APPLICATION U/S 482 No. - 5074 of 2024
 

 
Applicant :- Suresh Kumar Alias Sonu Alias Suresh Kumar Gautam And 4 Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
 
Counsel for Applicant :- Lalji Prasad Shukla
 
Counsel for Opposite Party :- G.A., Arif Hussain
 

 
Hon'ble Karunesh Singh Pawar,J.
 

1.Heard learned counsel for the applicants and Mr. Arif Hussain, learned counsel appearing on behalf of private respondent who filed vakalatnama today which is taken on record, as also learned A.G.A..

2.By means of present petition, the petitioners have prayed for quashing of entire proceedings of case No.215 of 2022 arising out of FIR No.988 of 2021 under sections 498-A, 323, 506 I.P.C. and 3/4 Dowry Prohibition Act, P.S. Kotwali Sadar, district Lakhimpur Kheri, pending in the court of CJM, Lakhimpur Kheri on the basis of compromise.

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.3344 of 2023 was filed by the petitioners. The said petition has been disposed of vide order dated 15.5.2023 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 8.6.2023.

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 :- 31.5.2024

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