Allahabad High Court
Bharat And 3 Others vs State Of U.P. And Another on 11 August, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:163762 Court No. - 93 Case :- APPLICATION U/S 482 No. - 14022 of 2023 Applicant :- Bharat And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mayank Yadav,Vivek Kumar Singh Counsel for Opposite Party :- G.A.,Anubhav Kumar Vimal Hon'ble Arun Kumar Singh Deshwal,J.
Heard learned counsel for the applicants and learned AGA for the State.
The present 482 Cr.P.C. application has been filed to quash the the entire proceedings of Case No. 14 of 2023 (State Vs. Bharat and others) arising out of Case Crime No.178 of 2022, under Sections-323, 504, 506, 324, 325, 308 I.P.C., Police Station- Dhanari, District-Sambhal, pending in the court of Civil Judge (S.D.)/A.C.J.M. Sambhal at present Chandausi, on the basis of compromise held between the parties.
This court, vide order dated 7.7.2023, directed the court below to verify the compromise/settlement dated 18.5.2023, entered into between the parties and to send a compromise verification report to this Court. The order of this Court dated 7.7.2023 is being reproduced below:-
"1. Heard Shri Mayank Yadav, learned counsel for the applicants, Shri Anubhav Kumar Vimal, learned counsel for opposite party no. 2 and Shri K.K. Tripathi, learned A.G.A. for the State.
2. The instant application under Section 482, Cr.P.C. has been filed by the applicants to quash the entire proceedings of Criminal Case No. 14 of 2023, State vs. Bharat and other, arising out of Case Crime No. 178 of 2022, under Sections 323, 504, 506, 324, 325, 308 I.P.C., Police Station Dhanari, District Sambhal pending before the Civil Judge (Senior Division)/A.C.J.M. Sambhal at present Chandausi.
3. It is submitted that both parties are relatives. The applicants had also lodged FIR regarding the incident and cross case is pending in the Trial Court regarding the occurrence. Learned counsel for the applicants submitted that with the intervention of respective family members of both the parties, the parties have amicably settled their dispute and now they do not have any grievance against each other. In the aforesaid case crime number, apart from the opposite party no. 2. Jugesh, Smt. Vimla Devi and Mukesh are also injured. Smt. Vimla Devi is the mother of opposite party no. 2 and Mukesh is his brother.
4. Learned counsel for the applicants has filed a compromise deed executed between the parties as Annexure to the supplementary affidavit dated 23.05.2023.
5. Since both the parties have settled their dispute amicably and opposite party no. 2 does not want to prosecute the criminal case and the compromise deed executed between the parties has been filed, let the said compromise deed be verified by the Trial Court concerned for which parties will approach the Trial Court concerned within 15 days. The Trial Court shall verify the compromise deed after getting the parties duly identified within 10 days from the date of parties appearance. The Trial Court shall submit the compromise verification report to this Court by 08.08.2023.
6. Put up for hearing on 11.08.2023 as fresh.
7. Interim order, if any, is extended till the next date of listing. "
In pursuance of the order dated 7.7.2023 of this court, Civil Judge (J.D.)/Judicial Magistrate, Sambhat at Chandausi has submitted his report dated 22.7.2023 along with compromise verification order dated 22.7.2023. In the report, it is mentioned that the parties have willingly entered into compromise and have settled their dispute amicably.
The fact of entering into compromise and verification of the same is also admitted by the counsel for opposite party No.2.
Considering the above fact as well as in view of the law laid down by the Apex Court in Gian Singh Vs. State of Punjab & Another (2012) 10 SCC 303, Narinder Singh & Others Vs. State of Punjab & Another (2014) 6 SCC 477, State of M.P. Vs. Laxmi Narayan, AIR 2019 SC 1296 and State of M.P. Vs. Dhruv Gurjar, AIR 2017 SC 1106, proceeding of Case No.Case No. 14 of 2023 (State Vs. Bharat and others) arising out of Case Crime No.178 of 2022, under Sections-323, 504, 506, 324, 325, 308 I.P.C., Police Station- Dhanari, District-Sambhal, pending in the court of Civil Judge (S.D.)/A.C.J.M. Sambhal at present Chandausi, is hereby quashed.
With the aforesaid direction, the present application is allowed.
Order Date :- 11.8.2023 Vandana