Manoj Kumar Chatola v. State of U.P. Thru. Prin. Secy. Civil Secrt. Lko. and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 11052 of 2023 Applicant :- Manoj Kumar Chatola Opposite Party :- State Of U.P. Thru. Prin. Secy. Civil Secrt. Lko. And Another Counsel for Applicant :- Manan Dixit Counsel for Opposite Party :- G.A.,Pooja Mishra Hon'ble Shree Prakash Singh,J. Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant, Sri Sushil Kumar Pandey, learned A.G.A. for the State, Mrs. Puja Mishra, learned counsel for the opposite party no.2 and perused the material placed on record. By means of the instant application, the applicant has prayed for quashing of the entire proceeding of Criminal Case No.75384 of 2022 in pursuance of charge sheet no.01 of 2022 dated 22.10.2021 arising out of Case Crime No.0529 of 2021 under Section 506 I.P.C. Police Station Gomti Nagar, District Lucknow/Lucknow East/Commissionerate Lucknow (State Vs. Manoj Kumar Chatola) in the light of compromise dated

29.1.2022. Learned counsel for the applicant submits that due to certain misunderstanding, the instant F.I.R. was lodged against the applicant. He added that later on, the parties sat together and have amicably settled their disputes, which has been reduced in writing on 29.1.2022. Thereafter, the applicant filed an Application U/S 482 No.5771 of 2022 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 12.10.2023. 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 applicant and submits that parties have amicably settled their dispute and the opposite party no.2 has no grievance, hence, criminal proceedings against the applicant 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 29.1.2022 and said compromise has been verified on 12.10.2023 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 29.1.2022 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 of Criminal Case No.75384 of 2022 arising out of Case Crime No.0529 of 2021 under Section 506 I.P.C. Police Station Gomti Nagar, District Lucknow/Lucknow East/Commissionerate Lucknow are hereby quashed. The compromise shall be part of this order. The application is allowed accordingly. Consigned to records. Order Date :- 8.11.2023 Ram Murti High Court of Judicature at Allahabad, Lucknow Bench