Allahabad High Court
Ramveer vs State Of U.P. And Another on 13 August, 2024
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:131315 Court No. - 77 Case :- APPLICATION U/S 482 No. - 20724 of 2024 Applicant :- Ramveer Opposite Party :- State of U.P. and Another Counsel for Applicant :- Som Veer Counsel for Opposite Party :- Devesh Kumar Giri,G.A. Hon'ble Samit Gopal,J.
1. Heard Sri Som Veer, learned counsel for the applicant, Sri Devesh Kumar Giri, learned counsel for the opposite party no. 2, Sri Sai Girdhar, learned counsel for the State and perused the records.
2. The present application under Section 482 Cr.P.C. has been filed by the applicant Ramveer with the following prayers:
"It is, therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire criminal proceedings in pursuance of compromise verification order dated 14.06.2024 passed by learned Chief Judicial Magistrate, Mathura in Criminal Case No.1140/2024 (State Vs. Ramveer) arising out of Case Crime No.914 of 2023 Under Sections 452, 506, 354 IPC, P.S. Highway, District Mathura, pending before learned Chief Judicial Magistrate, District Mathura.
It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of Criminal Case No.1140/2024 (State Vs. Ramveer) arising out of Case Crime No.914 of 2023 Under Sections 452, 506, 354 IPC, P.S. Highway, District Mathura, otherwise the Applicant shall suffer an irreparable loss and injury."
3. Learned counsel for the applicant states that an order was passed by a co-ordinate Bench of this Court vide order dated 27.05.2024 directing the applicant 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 14.06.2024 verified the said compromise, copy of the same is annexed as annexure 7 to the affidavit. The same is not disputed by learned counsel for the opposite party no.2.
4. 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.
5. 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).
6. The present application is allowed.
7. The entire criminal proceedings of the aforesaid case are hereby quashed subject to the applicant depositing Rs.10,000/- before the concerned trial court which shall be utilized by the District Legal Services Authority of the district.
Order Date :- 13.8.2024 M. ARIF (Samit Gopal, J.)