Allahabad High Court
Ram Gopal @ Ram Gopal Yadav And Others vs State Of U.P. Thru. Prin. Secy. Home, ... on 29 August, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:57925 Court No. - 28 Case :- APPLICATION U/S 482 No. - 8737 of 2023 Applicant :- Ram Gopal @ Ram Gopal Yadav And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Sardar Alok Singh,Jagjeet Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
Sri Arjun Verma, Advocate has put in appearance on behalf of opposite party no. 2 by way of filing vakalatnama and the same is taken on record.
Heard learned counsel for the applicants, Sri B.N. Nishad, learned A.G.A. for the State, SriArjun Verma, learned counsel for the opposite party no.2 and perused the record.
By means of the instant application, the applicants have prayed to quash the impugned charge sheet dated 25.09.2021, contained in Annexure No.2 and the order dated 25.07.23 contained in Annexure No.3, as well as entire proceeding of the case no. 81494/2023, under section 498A,323,504,506 IPC and 3/4 D.P. Act Police Station Chinhat, district Lucknow, pending in court of learned A.C.J.M., Court No.27, district Lucknow, State of U.P. Vs Ram Gopal and others, on the basis of the of verification report of the compromise and amicable settlement of the dispute between the parties.
The learned counsel for the applicants submits that due to certain misunderstanding, the instant FIR was lodged against the applicants and thereafter the parties sat together and has amicably settled their dispute which has been reduced in writing on 31.07.2023. He added that thereafter the applicants filed the instant application for direction to the trial Court to verify the compromise deed and in compliance of the order dated 08.08.2023, the verification was done and report has been submitted to this Court vide order dated 18.08.2023. He submits that further criminal proceeding in the instant matter would amount to harassment and thus the instant criminal proceeding arising out of Case Crime No.151 of 2021 may be quashed.
Learned counsel for the opposite party no.2 has also supported the version of the learned counsel for the applicants and submits that the parties have amicably settled their dispute and the opposite party no. 2 has no grievance, hence, criminal proceedings against the applicants may be dropped.
Learned counsel for the State has no objection to the submissions aforesaid.
Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 31.07.2023 and said compromise has been verified on 18.08.2023 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal case relating to Case Crime No. 151 of 2021.
In view of the above, as the applicants and opposite parties have entered into compromise on 31.07.2023 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.
Accordingly, criminal proceedings with regard to case no. 81494/2023, under section 498A,323,504,506 IPC and 3/4 D.P. Act Police Station Chinhat, district Lucknow are hereby quashed.
The compromise shall be the part of this order.
The application is allowed accordingly.
Consigned to record.
Order Date :- 29.8.2023 Anurag