Prem Singh @ Prem Singh Bhattee and 3 Others v. State of U.P. Thru. Prin. Secy. Home and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 11716 of 2024 Applicant :- Prem Singh @ Prem Singh Bhattee And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Ravindra Kumar Singh,Anurag Maurya Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Shri Piyush Kumar Giri, learned Advocate has put in appearance by way of filing Vakalatnama on behalf of complainant/opposite party No.2 and filed his Vakalatnama, which is taken on record. 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 with the following main prayers :- "i. Quash the Criminal Proceedings as well as the charge-sheet and the summoning order dated 20-09-2019 in respect of the case crime no.0104/2019, under section 504 & 506 I.P.C., Police Station-Sarojini Nagar, District-Lucknow pending in the court of J.M. III, District - Lucknow bearing case No.76675 of 2019 (State Vs. Prem Singh and others), as contained in Annexure No. 1 & 2 to this Petition, on the basis of the compromise between the parties in the interest of justice. ii. Stay every proceeding against the petitioners which is arising out from the charge-sheet as well as the impugned summoning order dated 20-09-2019 in respect of the case crime No.0104/2019, under section 504 & 506 I.P.C., Police Station-Sarojini Nagar, District-Lucknow pending in the court of J.M. III, Dstrict-Lucknow bearing case no.76675 of 2019 (State Vs Prem Singh and others), as contained in Annexure no. 1 & 2 to this Petition, on the basis of the compromise between the parties, in the interest of justice." It is stated that after considering the averments made in the Application U/S 482 No.9731/2024 and the documents on record as also the submissions made by the learned counsel for the applicants, this Court vide order dated 25.10.2024 referred the matter to the trial court for the purpose of verification of the compromise entered into between the parties and a perusal of the order dated 30.11.2024 of the trial court (Annexure No.5) would show that parties have settled their dispute as such the prayer sought in the present application be acceded in the light of Settlement Agreement/compromise. With regard to acceding the prayer sought in the present application on the basis of compromise/settlement, 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 does not want to proceed with the proceedings in issue. Considering the submissions advanced by learned counsel for the parties and the order dated 30.11.2024 of trial court 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, the same are hereby quashed. Accordingly, the present application U/S 482 Cr.P.C. is allowed. Office is directed to send a copy of this order to the court concerned through email/fax immediately for necessary compliance. Order Date :- 19.12.2024 ML/- High Court of Judicature at Allahabad, Lucknow Bench