Smt.Sarvesh Kumari And 3 Others vs State Of U.P. And Another
2024 Latest Caselaw 36442 ALL

Allahabad High Court

Smt.Sarvesh Kumari And 3 Others vs State Of U.P. And Another on 6 November, 2024

Author: Manish Mathur

Bench: Manish Mathur

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:174200
 
Court No. - 74
 

 
Case :- APPLICATION U/S 482 No. - 11328 of 2017
 

 
Applicant :- Smt.Sarvesh Kumari And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ashutosh
 
Counsel for Opposite Party :- Pavan Kumar,G.A.
 

 
Hon'ble Manish Mathur,J.
 

1. Heard learned counsel for the applicants, learned A.G.A. for the opposite party no. 1-State and Shri Pawan Kumar, learned counsel for the opposite party no.2.

2. Application under Section 482 Cr.P.C. has been filed seeking quashing of the entire proceedings of Case No. 3642 of 2015 arising out of Case Crime No. 01 of 2003 registered under Sections 420, 406, 467, 468 and 120-B I.P.C., Police Station-Patwai, District Rampur on the basis of compromise pending in the court of learned Civil Judge (S.D.)/FTC, Rampur.

3. Earlier vide order dated 17.04.2017, it has been noticed that dispute between the parties have been amicably settled with compromise being brought on record and therefore, directions were issued for its verification.

4. Learned counsel for the applicants has drawn attention to the supplementary affidavit dated 06.08.2017, to submit that vide order dated 03.06.2017, the compromise between parties have already been verified by the Additional Chief Judicial Magistrate, Court No. 3, Rampur with certified copy of the order being brought on record.

5. Learned counsel for the opposite party no. 2, on the basis of instructions, does not dispute the said fact.

6. In view of conditions indicated in judgment rendered by Hon'ble the Supreme Court in Gian Singh versus State of Punjab reported in 2012 (10) SCC 303, the compromise shall form part of this order and a result thereof, the proceedings in Case No. 3642 of 2015 arising out of Case Crime No. 01 of 2003 registered under Sections 420, 406, 467, 468 and 120-B I.P.C., Police Station-Patwai, District Rampur on the basis of compromise pending in the court of learned Civil Judge (S.D.)/FTC, Rampur are hereby quashed.

7. The application therefore, stands allowed, in terms of the conditions of compromise as verified by order dated 03.06.2017.

Order Date :- 6.11.2024

SY