Sri Shiv Kumar, learned Advocate filed Vakalatnama on behalf of complainant / Opposite Party No.2 is taken on record.
This petition has been filed with the prayer that this Hon'ble Court may kindly be pleased to quash the chargesheet dated 24-01-2019 and the consequent cognizance and summoning order dated 20.02.2019 arising out of Case Crime No.626 of 2018, under section 363 I.P.C., police station Bazar Khala, District - Lucknow, pending in the court of Additional Chief Judicial Magistrate, VIII, Lucknow on the basis of the fact that the parties have entered into a compromise which has been verified by the learned court below on 25-07-2019. Furthermore the petitioner prays that this Hon'ble Court may be kind enough to stay the proceedings of the case no.160 of 2019, case crime no.626 of 2018 under section 363 I.P.C., Police station - Bazar Khala, District - Lucknow, pending in the court of Additional Chief Judicial Magistrate, VIII, Lucknow, until final disposal of the present petition, in the interest of justice.
Heard learned counsel for the parties and perused the record.
Earlier the petitioner had filed a petition before this Court being Case No. 3500 of 2019 (U/s 482 Cr.P.C.) (Neelam Gupta @ Neelam Sahu vs. State of U.P. & another), wherein a prayer was made to quash the charge sheet dated 24.01.2019 and the consequent cognizance and summoning order dated 20.02.2019, arising out of case crime No.626 of 2018 under Section 363 I.P.C., police station Bazar Khala, District - Lucknow, pending in the court of Additional Chief Judicial Magistrate, VIII, Lucknow and to stay the proceedings of the case No.160 of 2019, case crime No.626 of 2018, under Section 363 I.P.C., Police Station - Bazar Khala, District - Lucknow, pending in the court of Additional Chief Judicial Magistrate, VIII, Lucknow. Since the matter was amicably settled, the trial court was directed to verify the same and send its report to this Court. The parties have appeared before the trial court and filed compromise, which has been verified by the court concerned and passed the order vide order dated 25.07.2019, which is on record.
Learned counsel for Opposite Party No.2 has admitted that the compromise has already been verified before the Trial Court and it is stated that in misconception the F.I.R. was lodged. Since the Opposite Party No.2 and the applicant previously known to each other, and the matter has amicably been settled, the order impugned is liable to be quashed.
Accordingly, chargesheet dated 24-01-2019 and the consequent cognizance and summoning order dated 20.02.2019, arising out of Case Crime No.626 of 2018, under section 363 I.P.C., police station Bazar Khala, District - Lucknow, pending in the court of Additional Chief Judicial Magistrate, VIII, Lucknow and also the entire the proceedings of case no.160 of 2019, case crime no.626 of 2018 under section 363 I.P.C., Police station - Bazar Khala, District - Lucknow, pending in the court of Additional Chief Judicial Magistrate, VIII, Lucknow, is hereby quashed.
Order Date :- 17.12.2019 S. Kumar