Shashank Shekhar Shukla v. State of U.P. Thru. Prin. Secy. Home Govt. Civil Secrt. Lko. and 2 Others

Court No. - 28 Case :- APPLICATION U/S 482 No. - 10201 of 2023 Applicant :- Shashank Shekhar Shukla Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Civil Secrt. Lko. And 2 Others Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Sri Subodh Kumar Pandey, Advocate, has put in appearance by filing Vakalatnama on behalf of the opposite parties nos. 2 & 3 and the same is taken on record. Heard Sri Ramakar Shukla,learned counsel for the applicant, Sri Aniruddha Kumar Singh, learned A.G.A.-1 for the State, Sri Subodh Kumar Pandey, learned counsel for the opposite parties no. 2 & 3 and perused the record. By means of the instant application, the applicant has prated for quashing of the impugned Chargesheet dated 10-09-2022 vide Case Crime No.

of

2022,

under

sections 323,332,353,504,506 of I.P.C., Police Station-Krishna Nagar, District-Lucknow and the order of cognizance and summoning order dated 17-03-2023 in State Vs. Shashank Shekhar Shukla. Learned counsel appearing for the applicant submits that due to some misunderstanding the instant FIR was lodged and thereafter the parties were sit together and they have settled their dispute and that too has been reduced in writing as a compromise deed dated 08.09.2023. 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 applicant would be a futile exercise and amount to harassment of the applicant. Adding his arguments, he also submits that this Hon'ble Court vide order dated 25.09.2023 has referred the matter for compromise verification in Application U/S 482 Cr.P.C. No. 9270 of 2023 and in compliance of the aforesaid order, both the parties have appeared before the court below and the compromise deed dated 08.09.2023 has been verified in presence of all concerned parties and the order of verification was passed on 06.10.2023 by the learned Chief Judicial Magistrate,(Custom), Lucknow. He next added that now the matter has been compromised between the parties, and as such the proceedings initiated vide chargesheet dted 10-09-2022(State of U.P. versus Shashank Shekhar Shukla) arising out of Case Crime No. 377 of 2022, under Sections 323,332,353,504,506 of 506 IPC, Police Station-Krishna Nagar, District -Lucknow, may be quashed. On the other hand, learned counsel for the opposite parties nos. 2 & 3 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 applicant 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 08.09.2023 and said compromise has been verified on 06.10.2023 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned State versus Shashank Shekhar Shukla, arising out of aforementioned Case Crime No. 377 of 2022. In view of the above, as the applicants and opposite parties have entered into compromise on

08.09.2023 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. Resultantly, the proceedings initiated vide chargesheet dted 10-09-2022(State of U.P. versus Shashank Shekhar Shukla) arising out of Case Crime No. 377 of 2022, under Sections 323,332,353,504,506 of 506 IPC, Police Station-Krishna Nagar, District -Lucknow, are hereby quashed. The compromise deed shall be part of this order. Consequences to be followed. The application is allowed accordingly. Order Date :- 18.10.2023 AKS High Court of Judicature at Allahabad, Lucknow Bench