Shiva @ Sahibe Alam and 3 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 9873 of 2023 Applicant :- Shiva @ Sahibe Alam And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sayyed Farooq Ahmad Counsel for Opposite Party :- G.A.,Manjari Singh,Vikrant Prakash Hon'ble Shree Prakash Singh,J. Ms. Manjari Singh, Advocate has put in appearance by filing Vakalatnama on behalf of the opposite party no.2 and the same is taken on record. Heard Sayyed Farooq Ahmad, learned counsel for the applicants, Sri V. N. Nishad, learned A.G.A. for the State, Ms. Manjari Singh, learned counsel for the opposite party no.2 and perused the record. By means of the instant application, the applicants have prayed for quashing of the entire proceedings of Criminal Case No.799/2022 (State vs. Shiva Alias Sahibe Alam and others) arising out of Case Crime No.535/2021 Under Section 323, 506 I.P.C., Police Station-Kotwali Rudauli, District-Faizabad/Ayodhya, pending before Learned Chief Judicial Magistrate Faizabad, on the basis of compromise dated

06.12.2022 entered into by petitioners and opposite party No.2. Learned counsel appearing for the applicants submits that due to some misunderstanding the instant FIR was lodged and thereafter the parties sat together and they have settled their dispute and that too has been reduced in writing as a compromise deed dated 06.12.2022. 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 applicants would be a futile exercise and amount to harassment of the applicants. Adding his arguments, he also submits that this Hon'ble Court vide order dated 13.01.2023 has referred the matter for compromise verification in Application U/S 482 Cr.P.C. No. 290 of 2023 and in compliance of the aforesaid order, both the parties have appeared before the court below and the compromise deed dated 06.12.2022 has been verified in presence of all concerned parties and the order of verification was passed on 28.03.2023 by the learned Chief Judicial Magistrate, Faizabad. He next added that now the matter has been compromised between the parties, and as such the proceedings of Criminal Case No.Criminal Case No.799/2022 (State vs. Shiva Alias Sahibe Alam and others) arising out of Case Crime No.535/2021 Under Section 323, 506 I.P.C., Police Station-Kotwali Rudauli, District-Faizabad/Ayodhya, pending before Learned Chief Judicial Magistrate Faizabad, may be quashed. On the other hand, learned counsel for the opposite party no.2 has also supported the version of the applicants 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 applicants 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 06.12.2022 and said compromise has been verified on 28.03.2023 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned Criminal Case No.799/2022 (State vs. Shiva Alias Sahibe Alam and others). In view of the above, as the applicants and opposite parties have entered into compromise on 06.12.2022 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. Resultantly, the proceedings of Criminal Case No.799/2022 (State vs. Shiva Alias Sahibe Alam and others) arising out of Case Crime No.535/2021 Under Section 323, 506 I.P.C., Police Station-Kotwali Rudauli, District-Faizabad/Ayodhya, pending before Learned Chief Judicial Magistrate Faizabad, are hereby quashed. The compromise deed shall be part of this order. Consequences to be followed. The application is allowed accordingly. Order Date :- 10.10.2023 Manoj K. High Court of Judicature at Allahabad, Lucknow Bench