Raj Singh and 3 Others v. State of U.P. Thru. Prin.Secy. Home and Another

Court No. - 13 Case :- APPLICATION U/S 482 No. - 10798 of 2023 Applicant :- Raj Singh And 3 Others Opposite Party :- State Of U.P. Thru. Prin.Secy. Home And Another Counsel for Applicant :- Nagendra Singh,Kuldeep,Nalin Arora Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioners and learned A.G.A. for the State as well as Satendra Kumar Singh, learned Advocate who has filed vakalatnama on behalf of respondent no. 2 which is taken on record. Learned counsel for the parties submit that compromise was entered between the parties and vide order dated 07.08.2023 both the parties were directed to appear before the concerned court/trial court for verification of the compromise deed which is on record as Annexure No. 3 to the petition. The petitioners as well as respondent no. 2 were present before the A.C.J.M.- III, Court no. 28, Lucknow and in their presence, the compromise has been verified by the A.C.J.M.-III, Court no. 28, Lucknow and report to this effect is on record as Annexure No. 5 to the petition. Learned counsel for the parties submit that since the parties have amicably settled their dispute outside the Court by entering into compromise and the said compromise has been verified under the order of the Court, hence, in view of the law laid down by the Supreme Court in the case of "Gian Singh Vs. State of Punjab" reported in "(2012) 10 SCC 303", the proceedings impugned are liable to be quashed. Learned A.G.A. has no objection to this prayer. In view of the above and considering the law laid down by the Supreme Court in the case of "Gian Singh Vs. State of Punjab" reported in "(2012) 10 SCC 303", as well as considering the fact that the compromise dated 09.10.2023 entered between the parties has been verified on 09.10.2023 by A.C.J.M-III, Court No. 28 Lucknow, the proceedings of case No. 6383/2016, Case Crime No. 299A/2014, U/S 147, 148, 149, 325, 427 IPC, P.S. Mohanlalganj, District Lucknow, the trial is pending before learned Additional Chief Judicial Magistrate 3rd Lucknow are hereby quashed. The petition is allowed. Order Date :- 3.11.2023/R.C. High Court of Judicature at Allahabad, Lucknow Bench