Allahabad High Court
Ramdev Yadav And Others vs The Chief Judical Magistrate Dist. ... on 15 September, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:59234 Court No. - 28 Case :- APPLICATION U/S 482 No. - 8836 of 2023 Applicant :- Ramdev Yadav And Others Opposite Party :- The Chief Judical Magistrate Dist. Sultanpur And Others Counsel for Applicant :- Girish Chandra Sinha Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
At the very outset, learned counsel appearing for the applicants submits that he may be permitted to correct the prayer clause of the instant application during the course of the day.
Learned A.G.A. for the State has no objection to the contention aforesaid.
In view of aforesaid submissions, learned counsel for the applicants is permitted to correct the prayer clause of the application during the course of the day.
Heard learned counsel for the applicants, Sri Girijesh Kumar Dwivedi, learned A.G.A. for the State and perused the record.
By means of the instant application, the applicants have prayed for quashing of the summoning order passed by the learned Additional Chief Judicial Magistrate, District Sultanpur dated 07-09-2019 and the proceedings of the case in Criminal Case No. 5894 of 2019, as well as the Chargesheet no. 01/2018, submitted by the police of P.S.-Peeparpur, Districrt-Amethi in Case Crime No. 1136/2017, under section 354(B) readwith Sections 452 and 323 of I.P.C.
Learned counsel appearing for the applicants submits that due to some misunderstanding the instant FIR was lodged and thereafter the parties sat together and they have settled their dispute and that too has been reduced in writing as a compromise deed dated 10.08.2023. Adding his arguments, he submits that now the parties have put their all disputes at rest by way of executing compromise deed and thus further criminal proceedings against the present applicants would be a futile exercise and amount to harassment of the applicants.
Adding his arguments, he also submits that this Hon'ble Court vide order dated 26.07.2023 has referred the matter for compromise verification in Application U/S 482 Cr.P.C. No. 1201 of 2022 and in compliance of the aforesaid order, both the parties have appeared before the court below and the compromise deed dated 10.08.2023 has been verified in presence of all concerned parties and the order of verification was passed on 10.08.2023 by the learned Civil Judge (Junior Division), Court No. 38, Sultanpur. He next added that now the matter has been compromised in between the parties, and as such the proceedings of may be quashed.
On the other hand, learned AGA appearing for the State has no objection to the contentions aforesaid.
Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 10.08.2023 and said compromise has been verified on 10.08.2023 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned State versus Ramdev and others, arising out of aforementioned Case Crime No.1136 of 2017.
In view of the above, as the applicants and opposite parties have entered into compromise on 10.08.2023 and no grievance remains to be agitated and as such, further criminal proceedings in the aforementioned criminal case are liable to be set aside in view of the Judgements of the Apex Court rendered in B.S. Joshi and others Vs. State of Haryana and another (2003)4 SCC 675; Nikhil Merchant Vs. Central Bureau of Investigation[2008)9 SCC 677]; Manoj Sharma Vs. State and others ( 2008) 16 SCC 1; Gian Singh Vs. State of Punjab (2012) 10 SCC 303; and Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466.
Resultantly, the proceedings of Criminal Case No. 5894 of 2019 (State of U.P. versus Ramdev and others) arising out of Case Crime No. 1136 of 2017, under Sections 354-B readwith sections 452 and 323 of I.P.C., Police Station-Peeparpur, District - Amethi, are hereby quashed.
The compromise deed shall be part of this order.
Consequences to be followed.
The application is allowed accordingly.
Order Date :- 15.9.2023 AKS