Sumant Kumar vs State Of U.P. And Another
2024 Latest Caselaw 37006 ALL

Allahabad High Court

Sumant Kumar vs State Of U.P. And Another on 11 November, 2024

Author: Manish Mathur

Bench: Manish Mathur

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:176386
 
Court No. - 74
 

 
Case :- APPLICATION U/S 482 No. - 31094 of 2017
 

 
Applicant :- Sumant Kumar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Bhuvnesh Kumar Singh,Devesh Pandey,J.P. Pandey
 
Counsel for Opposite Party :- Anuj Chaudhary,G.A.,Mahipal Singh
 

 
Hon'ble Manish Mathur,J.
 

1. Heard learned counsel for the applicant, learned A.G.A. for the opposite party no. 1-State and Shri Anuj Chaudhary, learned counsel for the opposite party no. 2.

2. Supplementary affidavit filed today is taken on record.

3. Application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 13.06.2017 in Criminal Case No. 1682 of 2017 arising out of Case Crime No. 109 of 2017 (State versus Sumant Kumar) registered under Sections 420, 467, 468, 471 I.P.C. Police Station-Najibabad, District-Bijnor pending before Judicial Magistrate-Ist Class, Najibabad, Bijnor.

4. Learned counsel for the applicant has drawn attention to the earlier order dated 23.01.2020 passed by this Court whereby it has been noticed that the parties have amicably settled their dispute by arriving at a compromise dated 26.11.2016, the original of which has been filed before the court concerned and therefore, directions was issued for its verification.

5. Learned counsel for the applicant has drawn attention to the supplementary affidavit dated 23.07.2024 passed today, particularly certified copy of the order dated 17.02.2020 brought on record whereby the aforesaid compromise has been verified before the trial court.

6. Learned counsel for the opposite party no. 2 on the basis of instructions also admits the factum of compromise and its verification.

7. 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 pursuance of charge sheet dated 13.06.2017 in Criminal Case No. 1682 of 2017 arising out of Case Crime No. 109 of 2017 (State versus Sumant Kumar) registered under Sections 420, 467, 468, 471 I.P.C. Police Station-Najibabad, District-Bijnor pending before Judicial Magistrate-Ist Class, Najibabad, Bijnor are hereby quashed.

8. The application therefore, stands allowed, in terms of the conditions of compromise.

Order Date :- 11.11.2024

SY