Abdul Haq @ Hakku and Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Court No. - 11 Case :- APPLICATION U/S 482 No. - 8310 of 2023 Applicant :- Abdul Haq @ Hakku And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Applicant :- Ganga Prasad Mishra,Nisha Devi Counsel for Opposite Party :- G.A.,Yogendra Mishra Hon'ble Saurabh Lavania,J. Heard learned Counsel for the applicants and learned learned A.G.A. for the State and perused the record. The applicants in the present application under Section 482 Cr.P.C. are seeking quashing the entire proceedings of Criminal Misc Case No. 625 of 2019 (State Vs. Abdul Haq and others), arising out of Case Crime No. 170 of 2018, under Sections 419, 420 and 506 IPC, Police Station Tarun, District Faizabad pending before the court of Additional Civil Jude (Junior Division), 9th/Judicial Magistrate, Faizabad including cognizance order dated 24.07.2023 and the charge sheet dated

25.06.2019 arising out of Case Crime No. 170 of 2018. It appears that on the basis of the record available and the submissions made by the learned counsel for the parties, this Court vide order dated 22.08.2023, has referred the matter to the Mediation and Conciliation Centre of this Court, for amicable settlement between the parties. In compliance of earlier order of this Court dated 22.08.2023, the Mediation and Conciliation Centre of this Court has submitted its report dated 19.10.2023 (Annexure-E) alongwith settlement agreement dated 17.10.2023 has submitted its report, which has been annexed as , wherein it has been mentioned that the parties were present and they have admitted that they have entered into an agreement voluntarily and the parties have settled their disputes 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 parties do not want to proceed with the Criminal Misc Case No. 625 of 2019 (State Vs. Abdul Haq and others), arising out of Case Crime No. 170 of 2018, under Sections 419, 420 and 506 IPC, Police Station Tarun, District Faizabad pending the trial court including cognizance order dated 24.07.2023 and the charge sheet dated 25.06.2019 arising out of Case Crime No. 170 of 2018. Considering the submissions advanced by learned counsel for the parties and perusing the settlement dated 17.10.2023 submitted by Mediation and Conciliation Centre of this Court 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 Misc Case No. 625 of 2019 (State Vs. Abdul Haq and others), arising out of Case Crime No. 170 of 2018, under Sections 419, 420 and 506 IPC, Police Station Tarun, District Faizabad pending including cognizance order dated 24.07.2023 and the charge sheet dated 25.06.2019 arising out of Case Crime No. 170 of 2018, are hereby quashed in terms of the compromise. Accordingly, the present application U/S 482 Cr.P.C. is allowed. Office/Registry is directed to send the copy of this order to concerned court forthwith. Order Date :- 24.11.2023/Raj High Court of Judicature at Allahabad, Lucknow Bench