Asad Ullah and Another v. State of U.P. Thru. the Prin. Secy. Deptt. of Home Govt. of U.P. Lko. and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 8950 of 2023 Applicant :- Asad Ullah And Another Opposite Party :- State Of U.P. Thru. The Prin. Secy. Deptt. Of Home Govt. Of U.P. Lko. And Another Counsel for Applicant :- Devashish Bhatt Counsel for Opposite Party :- G.A.,Shivansh Agrawal,B/S2629 Hon'ble Shree Prakash Singh,J. Counter affidavit filed today by the opposite party no.2 is taken on record. Heard learned counsel for the applicants, Sri Aniruddh Kumar Singh, learned A.G.A. for the State, Sri Shivansh Agrwal, learned counsel for the opposite party no.2 and perused the record. By means of the instant application, the applicants have prayed for quashing the proceeding of Criminal Case No.77049 of 2019 arising out of Crime No.109 of 2018 under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S. Mahila Thana, Lucknow pending in the court of Civil Judge (J.D.)/F.T.C., Lucknow pursuance of the charge sheet no.1 of 2019 dated

16.2.2019 against the applicants and further prayer is to quash impugned order dated 9.9.2019. Learned counsel for the applicants submits that due to certain misunderstanding, the instant F.I.R. was lodged against the applicants. He added that later on, the parties sat together and have amicably settled their disputes, which has been reduced in writing on 11.2.2023. Thereafter, the applicants filed an Application U/S 482 No.2519 of 2023 wherein this Court, vide order dated 20.3.2023 has directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 19.4.2023. He submits that now there is no dispute in between the parties and they have settled their dispute. He submits that further criminal proceedings in the instant matter would amount to harassment and, thus, the instant criminal proceedings against the applicants may be quashed. Learned counsel for the opposite party no.2 has also supported the version of the learned counsel for the applicants and submits that parties have amicably settled their dispute and the opposite party no.2 has no grievance, hence, criminal proceedings against the applicants may be dropped. Learned counsel for the State has no objection to the submissions aforesaid. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 11.2.2023 and said compromise has been verified on 19.4.2023 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings against the applicants. In view of the above, as the applicants and opposite parties have entered into compromise on 11.2.2023 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 Judgments 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. Accordingly, entire criminal proceedings of Criminal Case No.77049 of 2019 arising out of Crime No.109 of 2018 under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S. Mahila Thana, Lucknow, are hereby quashed so far as the applicants are concerned. The compromise shall be part of this order. The application is allowed accordingly. Consigned to records. Order Date :- 2.11.2023 Ram Murti High Court of Judicature at Allahabad, Lucknow Bench