Court quashed charge sheet, summoning order, and criminal proceedings in a Session Case after finding that the parties had amicably settled their dispute and executed a compromise deed verifying the settlement.
Proceedings (Case No. 48 of 2021), summoning order dated 22.02.2021, and charge-sheet dated 05.09.2020 are quashed.
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Court No. - 92
Case :- APPLICATION U/S 482 No. - 12989 of 2021 Applicant :- Jokhan Prasad Sharma And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajeet Kumar Chaurasiya,Virendra Jaiswal Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
Heard Shri Virendra Jaiswal, learned counsel for the petitioners, Shri Namit Kumar Sharma, learned counsel for the respondents and perused the record.
The present petition under Section 482 Cr.P.C. has been preferred by the petitioner for quashing charge sheet dated 22.02.2021 in Case No. 48 of 2021 as well as for quashing the impugned summoning order dated 22.02.2021 in Case No. 48 of 2021 arising out of Case Crime No. 31 of 2020 under Sections 147, 148, 149, 323, 326 A, 452, 504 and 506 of the Indian Penal Code, Police Station Rudhauli, District Basti and further to stay the proceedings thereof.
Learned counsel for the petitioners has stated that the parties have amicably settled their disputes and have entered into the compromise.
This Court vide its order dated 11.08.2021 has directed that an application shall be filed by the applicants annexing therewith compromise deed before the concerned court for verification of the compromise. On receiving the said application, the Court below shall take steps for verfication of the compromise and shall prepare a report. It is also directed thereby that a certified copy of the report shall be given to the parties concerned on moving a suitable application.
Pursuant to the aforesaid order of this Court dated 11.08.2021, a supplementary affidavit has been filed on 25.09.2021 by the applicants annexing therewith the compromise dated 07.09.2021 entered between the parties along with the certified
copy of the report dated 07.09.2021.
Learned counsel for the petitioners has placed reliance in the judgment of the Apex Court in the case of Gian Singh Vs. State of Punjab [2012 10 SCC 303]
On the other hand, learned Additional Government Advocate and Shri Namit Kumar Sharma, learned counsel for the respondent no. 2 have submitted that the compromise has been entered between the parties and now the respondent no. 2 does not want to proceed with criminal case and the proceedings thereof and charge sheet dated 05.09.2020 as well as summoning order dated 22.02.2021 may be quashed in terms of the compromise dated 07.09.2021.
The compromise has been entered between the parties on 07.09.2021, (annexed at annexure no. 1 to the supplementary affidavit filed on 25.09.2021) wherein all the petitioners and the respondent no. 2 are signatories. The said compromise has been verified by the Court below and on the basis thereof, a report dated 07.09.2021 has been prepared by the the Court below.
Considering the submissions advanced by learned counsel for the parties and perusing the compromise dated 07.09.2021 as well as the law laid down by Hon'ble Apex Court in the case of Gian Singh (supra) , there is no purpose to keep the proceedings pending before the trial court and hence, the proceedings of the Case No. 48 of 2021, under Sections 147, 148, 149, 323, 326 A, 452, 504 and 506 of the Indian Penal Code, Police Station Rudhauli, District Basti and summoning order dated 22.02.2021 as well as charge-sheet dated 05.09.2020 are hereby quashed in terms of the compromise dated 07.09.2021.
The petition is allowed .
Order Date :- 23.3.2022/Ashish
Digitally signed by ASHISH MISHRA Date: 2022.03.23 15:09:37 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether proceedings under a Section 482 CrPC application should be quashed in light of a compromise between the parties and the law laid down in Gian Singh.
Colour shows how this judgement treated each authority
Gian Singh Vs. State of PunjabExplained¶10
Gian Singh Vs. State of Punjab [2012 10 SCC 303] · Who else cites this
2 provisions across 2 enactments
Jokhan Prasad Sharma And 6 Others
State of U.P. and Another
Manish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
