Allahabad High Court
Arvind And 6 Ors vs State Of U.P. And Anr on 3 April, 2023
Author: Shekhar Kumar Yadav
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- APPLICATION U/S 482 No. - 26034 of 2019 Applicant :- Arvind And 6 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Sanjay Ojha Counsel for Opposite Party :- G.A.,Asheesh Kumar Tiwari Hon'ble Shekhar Kumar Yadav,J.
Heard Sri Sanjay Ojha, learned counsel for the applicants, learned A.G.A. for the State and Sri Amarjit Upadhyay, Advocate holding brief of Sri Asheesh Kumar Tiwari, learned counsel for opposite party no. 2 as well as perused the material available on record.
This application under Section - 482 Cr.P.C. has been filed to quash the entire criminal proceeding as well as charge sheet dated 14.07.2018 in Case No. 8970 of 2018 (State Vs. Arvind and others), arising out of Case Crime No. 109 of 2018, under Sections - 364, 420 I.P.C., Police Station - Rajapur, District - Amroha, pending in the court of Chief Judicial Magistrate, Amroha.
The parties, out of their own free will, have settled their dispute amicably and in furtherance thereof, they have filed a compromise deed before the Court below. Thereafter, this Court, vide order 23.01.2023, has sent the said compromise deed to the trial court with a direction to get the same verified and submit a report.
Learned counsel for the parties have not disputed the fact that the parties have settled their dispute amicably and they have filed compromise deed and the same has been verified by the trial Court, vide order dated 06.01.2023, kept on record of this case.
In the present case, the sections involved are Sections 364, 420 I.P.C..
In compliance of the aforesaid order, the court below has verified the contents and parties of the compromise deed and submitted his report dated 06.01.2023 to the extent that the parties and contents of the compromise deed are genuine and they have entered into the compromise by free-will.
Learned counsel for the opposite party no.2 has submitted that the parties in dispute are not interested to pursue the criminal case.
Therefore, in view of the above and considering the dictum of the Apex Court in re: B.S. Joshi and others Vs. State of Haryana and Another; 2003 (4) SCC 675, Gian Singh vs. State of Punjab (2012) 10 SCC 303; State of Rajasthan vs. Shambhu Kewat, (2014) 4 SCC 149; State of Madhya Pradesh vs. Deepak (2014) 10 SCC 285; State of Madhya Pradesh vs. Manish (2015) 8 SCC 307; J.Ramesh Kamath vs. Mohana Kurup (2016) 12 SCC 179; State of Madhya Pradesh vs. Rajveer Singh (2016) 12 SCC 471 and Parbatbhai Ahir vs. State of Gujarat (2017) 9 SCC 641, the entire proceedings ofCase No. 8970 of 2018 (State vs. Arvind and others), arising out of Case Crime No. 109 of 2018, under Sections 364, 420 I.P.C., Police Station - Rajapur, District - Amroha, pending in the court of Chief Judicial Magistrate, Amroha are hereby quashed.
Accordingly, the instant petition is allowed.
Order Date :- 3.4.2023 Krishna*