Allahabad High Court
Shaili Sharma And 4 Others vs State Of U.P. And Another on 17 September, 2024
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:151086 Court No. - 64 Case :- APPLICATION U/S 482 No. - 26912 of 2022 Applicant :- Shaili Sharma And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. Heard Sri Bharat Singh, learned counsel for the applicants, Sri Ajay Singh, learned A.G.A.-I for the State and perused the records.
2. The present application under Section 482 Cr.P.C. has been filed by the applicants Shaili Sharma, Satish Chandra Sharma, Amit Sharma, Rahul Sharma, Smt. Sarvesh Sharma with the prayer to quash the entire proceedings of complaint Case No. 396 of 2022 (complaint Case No. 66 of 2021) Abhishek Bharadwaj vs. Shaili Sharma and others) under Sections 494, 323,504, 507, 379 I.P.C., P.S. Chandausi, District Sambhal, pending in the court of Civil Judge (Junior Division)/F.T.C., Sambhal at Chandausi and the summoning order dated 12.5.2022 passed by the Civil Judge (Junior Division)/F.T.C., Sambhal at Chandausi in the said case. It is further prayed to stay the further proceedings of said case during pendency of this application.
3. Learned counsel for the applicants argued that the parties have settled the dispute amicably out of court and filed the certified copy of compromise dated 16.3.2024 by way of supplementary affidavit dated 15.5.2024. It is argued that an order for verification of the compromise was passed on 29.7.2024 by this Court. It is argued that in compliance of the order dated 29.7.2024 of this Court, the parties have filed the order of this Court before the concerned court for verification of the said compromise after which the concerned court has verified the said compromise vide its order dated 07.8.2024 which is on the record. 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.
4. Learned State counsel opposed the prayer for quashing but could not dispute the fact that the matter has been amicably settled between the parties which was duly verified by the concerned trial court.
5. 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.
6. 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 proceedings as well as the summoning order as prayed for by the applicant(s).
7. The present application is allowed.
8. The proceedings of Complaint Case No. 396 of 2022 (complaint Case No. 66 of 2021) Abhishek Bharadwaj vs. Shaili Sharma and others) under Sections 494, 323,504, 507, 379 I.P.C., P.S. Chandausi, District Sambhal, pending in the court of Civil Judge (Junior Division)/F.T.C., Sambhal at Chandausi and the summoning order dated 12.5.2022 are hereby quashed.
(Samit Gopal,J.) Order Date :- 17.9.2024 Naresh