Allahabad High Court
Smt Kalyan Singh And 5 Others vs State Of U.P. And Another on 27 July, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:150958 Court No. - 92 Case :- APPLICATION U/S 482 No. - 21071 of 2023 Applicant :- Smt Kalyan Singh And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Yadav Counsel for Opposite Party :- G.A.,Alok Singh Hon'ble Anish Kumar Gupta,J.
1. Heard Shri Manish Yadav, learned counsel for the applicants and Shri Alok Singh, learned counsel appearing on behalf of opposite party no. 2 and Sri Akhilesh Kumar Srivastava, the learned AGA for the State. Perused the record.
2. The instant application has been filed with the prayer for quashing of the cognizance/summoning order dated 03.07.2019 and also the charge-sheet dated 25.01.2018 and also the entire criminal proceedings of Criminal Case No. 920 of 2019 (State Vs. Kalyan Singh & Others) arising out of Case Crime No. 94 of 2017, under Sections 147, 148, 149, 323, 324, 325, 504, 506 & 308 IPC, Police Station-Shamshabad, District Agra, pending in the Court of Judicial Magistrate, Agra.
3. Learned counsel for the applicants as well as learned counsel for the opposite party no. 2 submits that due to misconception and misunderstanding a quarrel has taken place and the instant criminal case is a cross criminal case, which was registered against each other. However, with the intervention of respected members of the society as well as the elders of both families, they have settled all their disputes and differences and they have no grievance against each other. Learned counsel for the applicants further submits that on the basis of settlement of dispute, the proceedings of cross criminal case filed by them has already been quashed by this court vide order dated 18.07.2023 passed in Application u/s 482 Cr.P.C. No. 24201 if 2023 (Rajan Singh & 4 Others Vs. State of U.P. and Another).
4. Learned counsel for the applicants further drawn the attention of the court to the settlement dated 07.01.2023 arrived at between the parties, which is duly verified by the learned trial court in pursuance of the order dated 05.06.2023 passed by this court. Learned counsel for the applicants as well as learned counsel for the opposite party no. 2 jointly submit that since both the parties have settled their dispute, in order to maintain harmony and peace between the parties, the criminal proceedings of this case is also liable to be quashed in the interest of justice. The apex court in Narindra Singh and Others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir Vs. State of Gujarat, (2017) 9 SCC 641 and State of M.P. Vs. Laxmi Narayan, (2019) 5 SCC 688, has held that compromise can be made between the parties even in respect of certain cognizable and non-compoundable offences where disputes between the parties are of private nature and the same do not have larger impact on the society.
5. In view of aforesaid, settled position of law by the apex court and considering the facts and circumstances of the instant case and looking at the nature of dispute between the parties, which was private dispute between individual and there is no larger impact on the society and due to the aforesaid settlement between the parties, the peace will prevail in the neighbourhood and in the society and further keeping in mind the cross case filed by the applicants has already been quashed due to the aforesaid settlement between the parties, therefore no useful purpose will be served by prolonging the proceedings of the instant case. Accordingly, the entire proceedings of Criminal Case No. 920 of 2019 (State Vs. Kalyan Singh & Others) arising out of Case Crime No. 94 of 2017, under Sections 147, 148, 149, 323, 324, 325, 504, 506 & 308 IPC, Police Station-Shamshabad, District Agra, pending in the Court of Judicial Magistrate, Agra, are hereby quashed.
6. The application u/s 482 Cr.P.C. is allowed.
Order Date :- 27.7.2023 Vibha