Allahabad High Court
Ramji And 11 Others vs State Of U.P. And Another on 1 October, 2024
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:161403 Court No. - 64 Case :- APPLICATION U/S 482 No. - 30302 of 2021 Applicant :- Ramji And 11 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Pratap Singh Counsel for Opposite Party :- G.A.,Satya Prakash Singh Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Dhirendra Pratap Singh, learned counsel for the applicants, Sri Satya Prakash Singh, learned counsel for the opposite party no. 2, Sri Devendra Nath Mishra, learned counsel for the State and perused the records.
3. The present application under Section 482 Cr.P.C. has been filed by the applicant - Ramji, Anirudh, Ram Darash, Kanhai, Ram Bachan, Ram Kewal, Chhabile, Laxmina, Rajendra, Santosh Kumar, Ram Sajan and Om Prakash with the prayer to quash the entire proceeding of Criminal Case No. 7013 of 2017 (State vs. Anirudh and others) arising out of Case Crime No. 190 of 2016, under Sections 419, 420, 467, 468, 471, 504, 506 I.P.C., Police Station Chiluataal, District Gorakhpur, pending before the Civil Judge (Senior Division), Court No. 2 / Additional Chief Judicial Magistrate, IInd, Gorakhpur.
4. Learned counsel for the applicants states that an order was passed by a co-ordinate Bench of this Court vide order dated 28.04.2024 directing the applicants to file the said compromise deed before the court concerned which was to be verified by the court concerned. In pursuance of the said order, the court concerned vide order dated 16.05.2022 verified the said compromise. Copy of the same is on record. The same is not disputed by learned counsel for the opposite party no.2.
5. The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed.
6. From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings, charge sheet as well as cognizance/summoning order as prayed for by the applicant(s).
7. The present application is allowed.
8. The entire proceeding of the aforesaid case are hereby quashed subject to the applicants depositing Rs.10,000/- before the concerned trial court which shall be utilized by the District Legal Services Authority of the district.
(Samit Gopal,J.) Order Date :- 1.10.2024 Manoj