Allahabad High Court
Bhanu Pratap Singh vs State Of U.P. And Another on 10 May, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:101778 Court No. - 71 Case :- APPLICATION U/S 482 No. - 12547 of 2023 Applicant :- Bhanu Pratap Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramdhan,Radhey Shyam Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised.
2. Heard SriRadhey Shyam Singh, learned counsel for the applicant, who has filed supplementary affidavit today, in Court, which is taken on record, Sri S.B. Maurya, learned counsel for the State and perused the record.
3. This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to allow this application and quash the entire proceedings of charge sheet dated 27.4.2022 submitted in Case Crime No. 424 of 2021 as well as summoning order dated 8.7.2022 in Criminal Case No. 1257 of 2022 (State Vs. Bhanu Pratap Singh), under Sections 323, 504, 506 and 308 I.P.C., P.S Hathras Gate, District Hathras, pending in the Court of Chief Judicial Magistrate, Hathras with a further prayer that proceedings of the aforesaid case be stayed against the applicant during the pendency of the present application.
4. The office vide its report dated 9.5.2023, reported that a report from the Chief Judicial Magistrate, Hathras, wherein it has been stated that compromise between the parties has been verified vide its report dated 18.4.2023.
5. Learned counsel for the applicants argued that the parties have settled the dispute amicably out of court and on the basis of compromise the applicants filed the present Criminal Misc. Application U/S 482 Cr.P.C. before this Court in which an order for verification of the compromise was passed on 11.4.2023. It is argued that in compliance of the order dated 11.4.2023 of this Court, the parties have filed the order of this Court along with compromise application before the concerned court for its verification after which the concerned court has verified the said compromise vide its order dated 18.4.2023. It is argued that the opposite party no. 2 is not interested to pursue the matter pending in the trial court and is not inclined to give any evidence against the applicants and therefore the impugned proceedings be quashed on the ground of compromise between the parties.
6. Learned State counsel could not dispute the fact that the matter has been amicably settled between the parties which was duly verified by the concerned trial court.
7. The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed.
8. From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the charge sheet dated 27.4.2022 and summoning order dated 8.7.2022 as well as the entire proceedings of case as prayed for by the applicants.
9. The present application is allowed.
10. The entire proceedings of charge sheet dated 27.4.2022 submitted in Case Crime No. 424 of 2021 as well as summoning order dated 8.7.2022 in Criminal Case No. 1257 of 2022 (State Vs. Bhanu Pratap Singh), under Sections 323, 504, 506 and 308 I.P.C., P.S Hathras Gate, District Hathras, pending in the Court of Chief Judicial Magistrate, Hathras as well as the entire proceedings of the said case are, hereby, quashed, subject to the applicants and the opposite party no. 2 shall deposit Rs.5000/- each before the concerned trial court which shall be utilized by the District Legal Services Authority of the district.
Order Date :- 10.5.2023 CS/-
(Samit Gopal,J.)