Power/vakalatnama filed by Sri Syed Amir Hasan, Advocate on behalf of opposite party no.2 is taken on record.
Heard Sri Afaq Zaki Khan, learned counsel for applicant, Sri Syed Amir Hasan, learned counsel for opposite party no.2 and Sri Yatindra Kumar Agnihotri, learned A.G.A. for State and perused the record.
Instant petition has been filed to quash the criminal proceedings initiated against the applicants under Sections 323,504,506 I.P.C. and Section 3(1)(X) SC/ST Act registered as Case Crime No.115 of 2014, Criminal Case No.833 of 2015, State v. Vishnu Dev and others, pending before the Special Judge SC/ST Act, Ambedkar Nagar.
Learned counsel for applicant as well as learned counsel representing opposite party no.2 jointly submits that due to some misunderstanding an FIR was lodged by opposite party no.2 against the applicants, however the parties have now compromised the matter and a written compromise was also executed between the parties and the parties have earlier approached this Court by filing Petition (u/s.482 Cr.P.C.) No.888 of 2021, wherein vide order dated 23.2.2021 the parties were directed to appear before the trial court for the purpose of verification of compromise with a further direction to the trial court to prepare a report in case the compromise is verified and with a liberty to the parties to approach this Court again with the necessary certified copies of the report of the trial court as well as of the compromise.
It is informed by learned counsel for parties that in pursuance of the order of this Court they had appeared before the trial court and the compromise has been verified and a report pertaining to the verification of the compromise has been placed at page-13 (Annexure-3) of the petition. The compromise entered into between the parties suggests that the parties have agreed not to prosecute the instant case.
Learned A.G.A. would have no objection to the request of learned counsel for parties as otherwise also there would be no hope for conviction in this case.
Since the dispute between the parties are purely of personal in 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 initiated against the applicants under Sections 323,504,506 I.P.C. and Section 3(1)(X) SC/ST Act registered as Case Crime No.115 of 2014, Criminal Case No.833 of 2015, State v. Vishnu Dev and others, pending before the Special Judge SC/ST Act, Ambedkar Nagar, are hereby quashed.
Accordingly, the application filed by the applicants under Section 482 Cr.P.C. is allowed.
Order Date :- 29.7.2021 Irfan