The High Court of Judicature at Allahabad, Lucknow Bench, allowed an application under Section 482 Cr.P.C. to quash criminal proceedings and summoning orders arising out of a verified compromise between the parties.
Quashing of Criminal Case No. 1737 of 2019 and summoning order dated 15.01.2019.
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Court No. - 35
Case :- APPLICATION U/S 482 No. - 350 of 2022
Applicant :- Mukesh Verma @ Mukesh Kumar Opposite Party :- State Of U.P. Thru. Prin .Secy. Home And Anr.
Counsel for Applicant :- Umesh Singh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
Heard Mr. Umesh Singh, learned counsel for the applicant as well as Mr. Prem Prakash, learned Additional Government Advocate-I appearing on behalf of the State.
The instant application under Section 482 Criminal Procedure Code has been filed by the applicants for quashing the entire proceedings of Criminal Case No.1737 of 2019 arising out of impugned charge sheet no.01, dated 02.10.2017, filed by the Investigating Officer in Case Crime No.398 of 2017, under Sections 323, 504, 506, 354 I.P.C. pertaining to Police Station Aliganj, District Lucknow and summoning order dated 15.01.2019 on the basis of a compromise which has been held between the parties on 26.08.2021 as well as report dated 22.12.2021.
It is submitted that the parties have entered into a compromise.
By means of an order dated 04.12.2021, passed by this Court in an application under Section 482 Cr.P.C. bearing No.5054 of 2021, this Court had directed the petitioner to produce the original compromise before the Special Chief Judicial Magistrate (Custom), Lucknow who was directed to verify the contents of the compromise and pass appropriate orders. The certified copy of the order dated 22.12.2021, passed by learned Special Chief Judicial Magistrate (Custom), Lucknow in Case No.1737 of 2019, Crime No.398 of 2017, Under Sections 323, 504, 506, 354 I.P.C., pertaining to Police Station-Aliganj, District-Lucknow, which has been annexed as Annexure 11 to the affidavit filed in support of application, in which the learned Magistrate has recorded that in compliance of the order passed by this Court the compromise was readover and explained to the parties and the parties accepted the same and thus it was verified.
Mr. Alok Kumar Mishra, Advocate has put in appearance on behalf of the opposite party no.2 and he states that he has already filed his power in the Registry of this Court on
02.02.2022 and he has no objection to grant of aforesaid prayer and he joins the applicant in making the prayer for quashing of the charge sheet and summoning order on the basis of the aforesaid compromise.
Therefore, in view of the above and considering the dictum of the Apex Court in re: B.S. Joshi and others Vs. State of Haryana and Another; 2003 (4) SCC 675, Gian Singh vs. State of Punjab (2012) 10 SCC 303 entire proceedings of Criminal Case No.1737 of 2019 arising out of impugned charge sheet no.01, dated 02.10.2017, filed by the Investigating Officer in Case Crime No.398 of 2017, under Sections 323, 504, 506, 354 I.P.C. pertaining to Police Station Aliganj, District Lucknow and summoning order dated 15.01.2019, pending before the Court of Special Chief Judicial Magistrate (Custom), Lucknow are hereby quashed.
The petition is allowed .
Order Date :- 3.2.2022 Ram.
Digitally signed by SUBHASH VIDYARTHI Date: 2022.02.03 18:06:25 IST Reason: Document Owner Location: High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether criminal proceedings under Sections 323, 504, 506, 354 IPC can be quashed on the basis of a valid compromise.
Whether the Special Chief Judicial Magistrate had verified the compromise satisfactorily.
Colour shows how this judgement treated each authority
B.S. Joshi and others Vs. State of Haryana and AnotherRelied on¶12
B.S. Joshi and others Vs. State of Haryana and Another; 2003 (4) SCC 675 · Who else cites this
Gian Singh vs. State of PunjabRelied on¶12
Gian Singh vs. State of Punjab (2012) 10 SCC 303 · Who else cites this
1 provisions across 1 enactments
Mukesh Verma @ Mukesh Kumar
State Of U.P.
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
