Allahabad High Court
Megha Rastogi And 2 Others vs State Of U.P. And Another on 12 July, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:138304 Court No. - 92 Case :- APPLICATION U/S 482 No. - 37269 of 2016 Applicant :- Megha Rastogi And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vindeshwari Prasad Counsel for Opposite Party :- G.A.,Nazrul Islam Jafri Hon'ble Surendra Singh-I,J.
1. Heard Sri Arvind Kumar Sahu, Advocate, holding brief of Sri Vindeshwari Prasad, learned counsel for the applicants, Sri Akhilesh Kumar Srivastava, learned A.G.A. for the State and perused the record.
2. None appears on behalf of opposite party no. 2.
3. The present 482 Cr.P.C. application has been filed to quash the entire criminal proceeding including summoning order dated 12.01.2015 passed in Criminal Complaint Case No. 1031 of 2014 (Sanjeev Vs. Megha and others) under Sections- 323, 504, 506 I.P.C., Police Station- Hasanpur, District- Amroha/J.P. Nagar, pending in the court of Judicial Magistrate, Hasanpur, District- Amroha/J.P. Nagar.
4. Vide order dated 22.05.2023, this Court directed the trial court to verify the agreement of compromise to be filed in the trial court by the parties. In compliance of Court's aforesaid order, the Civil Judge (J.D.)/ Judicial Magistrate, Hasanpur, District- Amroha/J.P. Nagar has verified the agreement of compromise filed by the parties and submitted its report dated 08.06.2023 which is annexed with the file.
5. The trial court has submitted its report after verification of the agreement of compromise filed by the parties in the trial court. In its report, the Presiding Officer of the court concerned has stated that both the parties appeared in the trial court with their free consent. The parties were identified by their learned counsels. Both the parties accepted that they have settled their dispute. They verified the agreement of compromise before the court.
6. Since both the parties accepted that they have settled their dispute and they have verified the agreement of compromise before the court, there is sufficient ground to allow the application and quash the entire criminal proceedings including summoning order of aforesaid criminal complaint case as has been prayed.
7. Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana) as well as the Judgment of the Apex Court reported in J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another), the entire criminal proceeding including summoning order dated 12.01.2015 passed in Criminal Complaint Case No. 1031 of 2014 (Sanjeev Vs. Megha and others) under Sections- 323, 504, 506 I.P.C., Police Station- Hasanpur, District- Amroha/J.P. Nagar, pending in the court of Judicial Magistrate, Hasanpur, District- Amroha/J.P. Nagar, are hereby quashed.
8. Accordingly, this application is allowed.
Order Date :- 12.7.2023 KS