Naveen Kumar Mishra and 3 Others v. State of U.P. and 2 Others

Court No. - 28 Case :- APPLICATION U/S 482 No. - 9858 of 2023 Applicant :- Naveen Kumar Mishra And 3 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Katyayan Mishra Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.

¶1Sri Anurag Dwivedi, Advocate has put in appearance by filing Vakalatnama on behalf of opposite party nos. 2 & 3 and the same is taken on record.

¶2Heard Sri Katyayan Mishra, learned counsel for the applicants, Sri Girijesh Dwivedi, learned A.G.A. for the State, Sri Virijendra Kumar Singh, learned counsel for the opposite party nos. 2 & 3 and perused the record.

¶3By means of the instant application, the applicants have prayed to quash the entire proceedings of Case No. 15195 of 2020, including the chargesheet and summoning order dated

29.02.2020 arising out of Case Crime No.1201 of 2018, at police Station-P.G.I. District Lucknow u/s 498-A,323 IPC & DP Act State Vs Naveen Kumar Mishra & others pending before the Learned Court of Chief Judicial Magistrate Lucknow.

¶4The 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 18.07.2023. 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 01.09.2023, the verification was done and report has been submitted to this Court vide order dated 08.08.2023. 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.375 of 2019 may be quashed.

¶5Learned counsel for the opposite party nos.2 & 3 have also supported the contention of the learned counsel for the applicants and submits that parties have amicable settled their dispute and the opposite party no. 2 & 3 have no grievance, hence, criminal proceedings against the applicants may be dropped.

¶6Learned counsel for the State has no objection to the contention aforesaid.

¶7Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 18.07.2023 and said compromise has been verified on 01.09.2023 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. 1201 of 2018.

¶8In view of the above, as the applicants and opposite parties have entered into compromise on 18.07.2023 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.

¶9Accordingly, criminal proceedings of Case No. 15195 of 2020, including the chargesheet and summoning order dated

29.02.2020 arising out of Case Crime No.1201 of 2018, at police Station-P.G.I. District Lucknow u/s 498-A,323 IPC & DP Act are hereby quashed.

¶10The compromise shall be part of this order.

¶11The application is allowed accordingly.

¶12Consigned to record. Order Date :- 10.10.2023 Mayank High Court of Judicature at Allahabad, Lucknow Bench