Allahabad High Court
Uma Shankar @ Umashankar Nirmal vs State Of U.P. Thru. Addl. Chief Secy. ... on 16 November, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 12 Case :- APPLICATION U/S 482 No. - 8222 of 2022 Applicant :- Uma Shankar @ Umashankar Nirmal Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Civil Sectt. U.P. Lko And Another Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.
Shri Dinesh Kumar Pal, Advocate has filed his 'vakalatnama' on behalf of the opposite party no.2, the same is taken on record.
Heard Shri Manvendra Singh, learned counsel for the applicant, Shri Dinesh Kumar Pal, learned counsel appearing for opposite party no.2 as well as learned A.G.A. for the State and perused the record.
The instant application under Section 482 Cr.P.C. has been filed by the applicant- Uma Shankar @ Umashankar Nirmal with the prayer to set aside the charge sheet bearing no. 01 dated 27.09.2021 in Criminal Case No. 28912 of 2022, arising out of Case Crime No. 166 of 2021, under Sections 354C, 323 and 506 I.P.C., Police Station Lalganj, District Raebareli as well as entire proceeding of the aforesaid criminal case.
Learned counsel for the applicant as well as learned counsel for opposite party no.2 jointly submit that due to some misunderstanding an F.I.R. was lodged by the opposite party no.2 against the applicant and after investigation the charge sheet was also submitted and after taking cognizance process was also issued. However, the better sense had prevailed on the parties and have compromised the dispute by entering into a settlement and a compromise deed was accordingly filed before the trial court, under the orders of this Court dated 28.09.2022 and the trial court in pursuance of the order of this Court has verified the compromise and has submitted the report to this Court, which is also available on record.
It is further submitted that it is admitted by the prosecutrix/victim/opposite party no.2 in Para No.2 of the compromise deed that she had moved an application before the police station concerned on the persuasion of the villagers and after getting the knowledge of the correct facts she had moved an application to withdraw the same but instead of closing the matter the investigating officer has submitted the charge sheet.
It is also submitted that as the parties have amicably settled the dispute, the proceedings of the case pending before the court below are nothing but the abuse of the process of law and the same be quashed.
Learned A.G.A. would have no objection to the request made by learned counsel for the parties, as the dispute between the parties is purely of personal in nature.
Having heard learned counsel for the parties and having perused the record, it is evident that under the order of this Court dated 28.09.2022, the parties had appeared before the trial court and filed a compromise, which has been duly verified by the trial court and a verification report in this regard along with the original compromise deed has been furnished by the trial court, which is also available on record. The dispute between the parties appears to be personal in nature. Thus, having regard to the law laid down by the Hon'ble Supreme Court in Gian Singh Vs. State of Punjab reported in (2012)10 SCC 303, Shiji and others Vs. Radhika and others Manu/ SC/1341/2011, Manoj Sharma Vs. State of U.P. (2008)16 SCC1, Narinder Singh Vs. State of Punjab reported in (2014)6 SCC 466, Yogendra Yadav Vs. State of Jhakhand reported in (2014) 9 SCC 653 as well as in a recent case decided by Hon'ble the Supreme Court on 4.10.2017 passed in Crl. Appeal No. 1723 of 2017, arising out of SLP (Crl.) No. 9549 of 2016 Parbatbhai Aahir @ Parbatbhai, Bhimsingh Bhai Karmur and others Vs. State of Gujrat reported in (2017)9 SCC 641, MANU/SC/1241/2017, State of Madhya Pradesh vs. Laxmi Narain and others (2019)5 SCC 688, Arun Singh and others vs. State of U.P. (2020)3 SCC 736, Daxaben vs. The State of Gujrat and others SLP Criminal No. 1132-1155 of 2022 decided on 29.07.2022, the charge sheet bearing no. 01 dated 27.09.2021 in Criminal Case No. 28912 of 2022, arising out of Case Crime No. 166 of 2021, under Sections 354C, 323 and 506 I.P.C., Police Station Lalganj, District Raebareli as well as entire proceeding of the aforesaid criminal case are, hereby, quashed, so far as it relates to the applicant.
Accordingly, the application filed by the applicant under Section 482 Cr.P.C. is allowed.
Let a copy of this order be sent to the trial court concerned for compliance.
Order Date :- 16.11.2022/Praveen