Allahabad High Court
Sabhajeet Singh And Others vs State Of U.P. Thru. Addl. Secy. Home And ... on 28 June, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 15 Case :- APPLICATION U/S 482 No. - 4054 of 2022 Applicant :- Sabhajeet Singh And Others Opposite Party :- State Of U.P. Thru. Addl. Secy. Home And Another Counsel for Applicant :- Manish Singh Chauhan Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
Vakalatnama filed on behalf of opposite party no.2 by Sri Desh Raj Singh, learned counsel is taken on record.
Heard learned counsel for the applicants, learned A.G.A. for the State, Sri Desh Raj Singh, learned counsel for the opposite party no.2 and perused the record.
By means of the instant application, the applicants have prayed for quashing of the impugned charge sheet dated 18.7.2021 filed in F.I.R. No. 242 of 2021 under Sections 342, 506 171E IPC, Police Station Ramnagar, Barabanki in Criminal Case No. 5520 of 2021 (State Vs. Sabhajeet Singh Gram Pradhan Sirkauli and others) arising out of Case Crime No. 242 of 2021 under Sections 342, 506, 171E I.P.C. Police Station Ramnagar, District Barabanki pending in the court of Additional Chief Judicial Magistrate, Court No. 11, District Barabanki. Further prayer is to quash the charge sheet dated 18.7.2021 on the basis of the compromise, which has already been verified on 25.5.20222 in the court of the Additional Chief Judicial Magistrate, Court No. 11, Barabanki.
Learned counsel for the applicants submits that due to certain pressure, the F.I.R. was lodged against the applicants and the applicants were implicated with ulterior motive. The victim was recovered during the course of investigation and the protest proceeding under Section 406 I.P.C. was dropped. The applicants as well as opposite party no.2 have entered into compromise dated 12.4.2022 wherein the dispute between the parties has been amicably settled. He submits that now, there is no dispute whatsoever in between the applicants and the opposite party no.2. The applicants had already filed Application U/S 482 No. -2272 of 2022, Sabhajeet Singh and others Vs. State of U.P. and another, which was disposed of, vide order dated 5.5.2022, with the direction to the parties to appear before the learned trial court for verification of the compromise deed dated 12.4.2022. In compliance of the aforesaid order, the compromise was verified on 25.5.2022.
Learned counsel for the applicants has stated that on the basis of the compromise dated 12.4.2022, the proceedings of Criminal Case No. 5520 of 2021 (State Vs. Sabhajeet Singh Gram Pradhan Sirkauli and others) may be quashed.
Learned counsel for the opposite party no.2 has also supported the arguments made by the learned counsel for the applicants.
Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 12.4.2022 and said compromise has been verified on 25.5.2022 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned Criminal Case No. 5520 of 2021 (State Vs. Sabhajeet Singh Gram Pradhan Sirkauli and others).
In view of the above, since no grievance remains to be agitated and further criminal proceedings in the aforementioned criminal case would be a futile exercise as the applicants and opposite parties have entered into compromise on 12.4.2022, as such, criminal proceedings with regard to Criminal Case No. 5520 of 2021 (State Vs. Sabhajeet Singh Gram Pradhan Sirkauli and others)under Sections 352, 506, 171E I.P.C. Police Station Ramnagar, District Barabanki pending in the court of Additional Chief Judicial Magistrate, Court No. 11, District Barabanki are hereby set aside.
The compromise shall be part of this order.
The application is allowed accordingly.
Order Date :- 28.6.2022 Ram Murti