Rasheed Khan and 4 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Govt. Civil Sectt. Lko and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 11672 of 2023 Applicant :- Rasheed Khan And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Civil Sectt. Lko And Another Counsel for Applicant :- Ajey Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants, learned AGA for the State of U.P. and gone through the record. The present application under Section 482 Cr.P.C. has been filed for the following main relief:- "WHEREFORE, it is most humbly and respectfully prayed that the Hon'ble Court may kindly be pleased to set-aside/quash the entire criminal proceedings of Case No. 13938/2020 (State Versus Ajmat Ali @ Bhuri and others) arising out of impugned charge-sheet dated 14.12.2020 which has been filed against the co-accused namely Ajmat Ali @ Bhuri and petitioners no. 1 and 2 and charge-sheet dated 21.09.2021 which have been filed against the petitioners no. 3 and 4 by investigating officer in Case Crime No. 0307/2020, Under Section-420, 467, 468, 471 I.P.C. pertaining to Police Station-Dargah Sharif, District-Bahraich as well as impugned cognizance/summoning order dated 15.12.2020 against the petitioners no. 1 and 2 and summoning order dated 25.02.2022 against the petitioners no. 3 and 4 passed by the court of learned Additional Chief Judicial

Magistrate,

Bahraich

by

which

the applicants/petitioners have been summoned for facing of trial under the aforesaid sections on the basis of compromise which was held in between the parties on 06.08.2022, 02.09.2022 and

02.01.2023 respectively, as contained in Annexure No. 2, 3, 4, 7, 8 & 9 to this petition, in the interest of justice." It appears from the order dated 27.10.2023 (Annexure No. 10) that the Court concerned in compliance of order of this Court dated 05.10.2023 passed in Application U/S 482 Cr.P.C. Nos. 9597 of 2023 & 2498 of 2021 has verified the compromise mentioning therein 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. For the relief(s) sought, on the basis of compromise, the learned counsel for the applicant 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 the proceedings in issue. Considering the submissions advanced by learned counsel for the parties and perusing the order of trial Court dated

27.10.2023 as also taking note of the observations made by Hon'ble Apex Court in the judgments, referred above, and the nature of dispute/crime, 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 pending before the trial court are hereby quashed in terms of the compromise. Accordingly, the present application U/S 482 Cr.P.C. is allowed in above terms. Office/Registry is directed to send the copy of this order to concerned court forthwith. Order Date :- 30.11.2023 Arun/- High Court of Judicature at Allahabad, Lucknow Bench