Omanand Shukla and 2 Others v. State of U.P. Prin. Secy. Home and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 10925 of 2023 Applicant :- Omanand Shukla And 2 Others Opposite Party :- State Of U.P. Prin. Secy. Home And Another Counsel for Applicant :- Arunendra Mohan Shukla Counsel for Opposite Party :- G.A.,Subodh Kumar Verma Hon'ble Shree Prakash Singh,J. Sri Subodh Kumar Verma, learned counsel has put in appearance on behalf of the opposite party no.2, which is taken on record. Heard learned counsel for the applicants, Ms. Nusrat Jahan, learned counsel for State, Sri Subodh Kumar Verma, learned counsel for the opposite party no.2 and perused the material placed on record. The instant application under Section 482 Cr.P.C. has been filed for quashing the complaint and further proceedings pending before the court of F.T.C. IIIrd Raebareli of S.T.. No. 239 of 2007 under Sections 323/34, 504, 506, 315 I.P.C. Police Station Unchahar, District Raebareli. 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 13.12.2022. Thereafter, the applicants filed an Application U/S 482 No.9081 of 2023 wherein this Court, vide order dated 19.9.2023, has directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 11.10.2023. 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 applicant 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 13.12.2022 and said compromise has been verified on 11.10.2023 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings against the applicant. In view of the above, as the applicants and opposite parties have entered into compromise on 13.12.2022 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 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 in S.T.. No. 239 of 2007 under Sections 323/34, 504, 506, 315 I.P.C. Police Station Unchahar, District Raebareli.are hereby quashed. The compromise shall be part of this order. The application is allowed accordingly. Consigned to records. Order Date :- 7.11.2023 Ram Murti High Court of Judicature at Allahabad, Lucknow Bench