Heard Sri Harish Pandey, learned counsel appearing for applicant, Ms.Prarthana Singh, learned counsel appearing for opposite party no.4 as well as Sri Arpit Kumar, learned A.G.A. for the State and perused the record.
This petition has been filed by the petitioner for quashing the charge sheet bearing No. A-448/2018 filed under Section 406, 323, 504,506 I.P.C. and the proceedings pending in the Court of learned Chief Judicial Magistrate against the petitioner in respect of case No. 8950/2020 arising out of FIR No. 0554/2018 under Section 417, 406, 323, 504, 506 I.P.C. relating to Police Station - Kotwali Ayodhya, District - Faizabad pending in the court of learned Chief Judicial Magistrate, Faizabad.
Learned counsel for the applicant as well as learned counsel for opposite party no.4 jointly submits that an FIR was lodged by the opposite party no.4 against the applicant and after the submission of charge sheet cognizance was taken by the Magistrate and summons were also issued. However, the parties have now amicably compromised their dispute by entering into a written compromise and earlier the parties had approached this Court by filing a petition (under Section 482) No.3142 of 2020 and vide order dated 6.1.2021 they were directed to approach the trial court for the purpose of verification of the compromise. While referring to the certified copy of the report of subordinate court dated 1.2.2021 placed at page no.59 of the paper book, it is submitted that in compliance of the order of this Court the parties have appeared before the trial court and the compromise has been verified. It is also submitted that the dispute between the parties were of personal in nature and the society or the public at large was not affected by the alleged crime.
Learned A.G.A. on the other hand would also have no objection if the dispute between the parties is settled through the compromise.
Having heard learned counsel for parties and having perused the record it appears that the dispute between the parties was of personal in nature with regard to the payment of some money. The compromise entered entered into by the parties has been verified by the trial court.
Since the dispute between the parties is purely of personal nature and the parties have settled their dispute by filing a compromise before the trial Court and the trial Court has verified the compromise, therefore, keeping in view the law laid down by the Hon'ble Supreme Court in Gian Singh Vs. State of Punjab reported in (2012)10 SCC 303, Shiji and others Vs. Radhika and others Manu/ SC/1341/2011, Manoj Sharma Vs. State of U.P. (2008)16 SCC1, Narinder Singh Vs. State of Punjab reported in (2014)6 SCC 466, Yogendra Yadav Vs. State of Jhakhand reported in (2014) 9 SCC 653 as well as in a recent case decided by Hon'ble the Supreme Court on 4.10.2017 passed in Crl. Appeal No. 1723 of 2017, arising out of SLP (Crl.) No. 9549 of 2016 Parbatbhai Aahir @ Parbatbhai, Bhimsingh Bhai Karmur and others Vs. State of Gujrat reported in (2017)9 SCC 641, the proceedings of above mentioned case No. 8950/2020 arising out of FIR No. 0554/2018 under Section 417, 406, 323, 504, 506 I.P.C. relating to Police Station - Kotwali Ayodhya, District - Faizabad pending in the court of learned Chief Judicial Magistrate, Faizabad, are hereby quashed.
Accordingly, the application filed by the applicants under Section 482 Cr.P.C. is allowed.
Order Date :- 28.7.2021 Irfan