Sunil Singh and 5 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 11311 of 2023 Applicant :- Sunil Singh And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Hemant Tripathi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Krishnat Mani Tripathi, learned Advocate, has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2 and filed his Vakalatnama, which is taken on record. Heard Sri Hemant Tripathi, learned Counsel for the applicants, Sri Krishnat Mani Tripathi, learned counsel for opposite party no. 2 and learned learned A.G.A. for the State and perused the record. The present application under Section 482 Cr.P.C. has been filed to quash the Charge sheet no. 01 of 2023, dated 27-03-2023, filed in F.I.R. No. 446 of 2022, under sections 147,148,149,323,504,506,307,34 of I.P.C. and Sections 27 & 30 of the Arms Act and the summoning order dated 01-07-2023 passed in Criminal Case No. 71710 of 2023, under 147,148,149,323,504,506,307,34 of I.P.C. and Sections 27 & 30 of the Arms Act as also the criminal proceedings of Case Crime No. 71710 of 2023, which is pending in the court of Chief Judicial Magistrate,Lucknow. On the basis of the submissions made by the learned counsel for the applicant, this Court vide order dated 10.10.2023 passed in Application U/S 482 No. 9801 of 2023, has referred the matter to the court below for the purpose of verification of the compromise entered into between the parties. In compliance of earlier order of this Court dated 10.10.2023, the Additional Chief Judicial Magistrate-II, Court No. 26, Lucknow has verified the compromise on 31.10.2023, as appears from the order dated

31.10.2023 (Annexure No. 6), wherein it has been mentioned that the parties were present and they have admitted that they have entered into an agreement voluntarily and their signatures have been verified by their respective counsels before the court. With regard to the prayer sought including quashing of criminal proceedings on the basis of compromise, the learned counsel for the applicants has placed reliance on the judgments of the Apex Court in the case of Romgopal and others Vs. State of Madhya Pradesh, 2022 (1) SCJ 536, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106, Gold Quest International Ltd. Vs. State of Tamilnadu, 2014 (15) SCC 235, B.S. Joshi Vs. State of Haryana, 2003 (4) SCC 675, Jitendra Raghuvanshi Vs. Babita Raghuvanshi, 2013(4) SCC 58, Madhavarao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre, 1988 1 SCC 692, Nikhil Merchant Vs. C.B.I. and another, 2008(9) SCC 677, Manoj Sharma Vs. State and others, 2008(16) SCC 1, State of M.P. Vs. Laxmi Narayan and others, 2019(5) SCC 688, Narindra Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466, Manoj Kumar and others Vs. State of U.P and others (2008) 8 SCC 781, Union Carbide Corporation and others Vs. Union of India and others (1991) 4 SCC 584, Manohar Lal Sharma Vs. Principal Secretary and others (2014) 2 SCC 532 and Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409. Learned Additional Government Advocate could not dispute the fact that the compromise has been entered into between the parties and now the opposite party no. 2 does not want to proceed with Criminal Case No. 71710 of 2023, under 147,148,149,323,504,506,307,34 of I.P.C. and Sections 27 & 30 of the Arms Act, which is pending in the court of Chief Judicial Magistrate,Lucknow, arising out of Charge sheet no. 01 of 2023, dated 27-03-2023, filed in F.I.R. No. 446 of 2022, under 147,148,149,323,504,506,307,34 of I.P.C. P.S.- Vibhuti Khand, District-Lucknow. Considering the submissions advanced by learned counsel for the parties and perusing the report dated 31.10.2023 as also taking note of the observations made by Hon'ble Apex Court in the judgments referred above, this Court is of the view that no purpose would be served in keeping the proceedings pending before the trial court and hence, entire proceedings of Criminal Case No. 71710 of 2023, under 147, 148, 149, 323, 504, 506, 307, 34 of I.P.C. and Sections 27 & 30 of the Arms Act, which is pending in the court of Chief Judicial Magistrate,Lucknow, arising out of Charge sheet no. 01 of 2023, dated 27-03-2023, filed in F.I.R. No. 446 of 2022, under 147, 148, 149, 323, 504, 506, 307, 34 of I.P.C. P.S.- Vibhuti Khand, District-Lucknow are hereby quashed in terms of the compromise. Accordingly, the present application U/S 482 Cr.P.C. is allowed. Order Date :- 17.11.2023 Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench