Allahabad High Court
Ashutosh @ Ashok Kumar @ Ashutosh Singh ... vs State Of U.P. Thru. Addl. Chief Secy. ... on 16 January, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 27 Case :- APPLICATION U/S 482 No. - 363 of 2023 Applicant :- Ashutosh @ Ashok Kumar @ Ashutosh Singh Rawat And Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Civil Lko. And Another Counsel for Applicant :- Neetesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
Sri Vinay Kumar Verma, Advocate has put in appearance by filing Vakalatnama on behalf of opposite party no.2 and the same is taken on record.
Heard learned counsel for the applicant, Sri Bishwa Nath Nishad, learned A.G.A. for the State, Sri Vinay Kumar Verma, learned counsel for opposite party no.2 and perused the record.
By means of the instant application, the applicants have prayed for quashing of the charge sheet no.01, dated 08.07.2018 as well as summoning order dated 25.01.2019 passed in Criminal Case No.302 of 2019, arising out of Case Crime No.331 of 2018, under Sections 506 and 507 IPC, Police Station - Bachhrawan, District - Raebareli.
Learned counsel appearing for the applicant submits that the matter pertains to the matrimonial dispute and due to some misunderstanding the instant FIR was lodged and thereafter the parties sat together and they have settled their disputes by way of executing compromise deed and that too has been reduced in writing on 31.08.2022. 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 applicant would be a futile exercise and amount to harassment of the applicant.
Adding his arguments, he also submits that this Hon'ble Court vide order dated 15.11.2022 has referred the matter for compromise verification in Application U/S 482 Cr.P.C. No. 8140 of 2022 and in compliance of the aforesaid order, both the parties have appeared before the court below and the compromise deed dated 31.08.2022 has been verified in presence of all concerned parties and the order of verification was passed on 09.12.2022 by learned Chief Judicial Magistrate, Raebareli. He next added that now the matter has been compromised between the parties, and as such the proceedings of charge sheet no.01, dated 08.07.2018 as well as summoning order dated 25.01.2019 passed in Criminal Case No.302 of 2019, arising out of Case Crime No.331 of 2018, under Sections 506 and 507 IPC, Police Station - Bachhrawan, District - Raebareli may be quashed.
On the other hand, learned counsel for the opposite party no.2 has also supported the version of the applicant and submits that the parties have entered into compromise deed and now there is no dispute in between the parties and thus the criminal proceeding against the applicant may be dropped.
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 31.08.2022 and said compromise has been verified on 09.12.2022 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned Criminal Case No.302 of 2019, arising out of Case Crime No.331 of 2018, under Sections 506 and 507 IPC, Police Station - Bachhrawan, District - Raebareli.
In view of the above, as the applicants and opposite party no.2 have entered into compromise on 31.08.2022 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.
Accordingly, the criminal proceedings of charge sheet no.01, dated 08.07.2018 as well as summoning order dated 25.01.2019 passed in Criminal Case No.302 of 2019, arising out of Case Crime No.331 of 2018, under Sections 506 and 507 IPC, Police Station - Bachhrawan, District - Raebareli are hereby set aside.
The compromise deed shall be part of this order.
Consequences to be followed.
The application is allowed accordingly.
Order Date :- 16.1.2023 / KR