Jeevan Gupta and Another v. State of U.P. Thru. Prin. Secy. Homes Lko. and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 10566 of 2023 Applicant :- Jeevan Gupta And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Homes Lko. And Another Counsel for Applicant :- Prashant Agarwal,Rohit Kannojiya,Rupesh Kumar Kasaudhan Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Ms. Neha Kannanujia, Advocate has put in appearance by filing Vakalatnama on behalf of the opposite party no.2 and the same is taken on record. Heard Sri Prashant Agawal, learned counsel for the applicants, Sri Sushil Kumar Pandey, learned A.G.A. for the State, Ms. Neha Kannanujia,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 proceedings of the Case No. 5620 of 2018, pending in the court of learned Additional Chief Judicial Magistrate-IIIrd, R.No. 27, Lucknow, arising out of the Case Crime No. 74 of 2018, under sections 323/427/354/452 of I.P.C., which was registered as Case No. 5620 of 20-18, Police Station-Sahadatganj, District-Lucknow. 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 11.04.2023. 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 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 18.07.2023 has referred the matter for compromise verification in Application U/S 482 Cr.P.C. No. 6794 of 2023 and in compliance of the aforesaid order, both the parties have appeared before the court below and the compromise deed dated 11.04.2023 has been verified in presence of all concerned parties and the order of verification was passed on 10.08.2023 by the learned Additional Chief Judicial Magistrate-III, Court No.27, Lucknow. He next added that now the matter has been compromised between the parties, and as such the proceedings of Criminal Case No. 5620 of 2018 (State of U.P. versus Jeevan Gupta) arising out of Case Crime No. 74 of 2018, under Sections 323/427/354/452 of IPC, Police Station-Sahadatganj,District - Lucknow 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 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 11.04.2023 and said compromise has been verified on 10.08.2023 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned State versus

Jeevan

Gupta,

arising

out

of aforementioned Case Crime No. 74 of 2018. In view of the above, as the applicants and opposite parties have entered into compromise on

11.04.2023 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 of Criminal Case No. 5620 of 2018 (State of U.P. versus Jeevan Gupta) arising out of Case Crime No. 74 of 2018, under Sections 323/427/354/452 of IPC, Police Station-Sahadatganj,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 :- 1.11.2023 AKS High Court of Judicature at Allahabad, Lucknow Bench