Barkat Ali And 5 Others v. State Of U.P. Thru. Prin. Secy. Home And 2

Vakalatnama filed today by Shri Akash Tiwari, Advocate on behalf of opposite party No.2 and 3 is taken on record.

Heard learned counsel for the applicants, learned A.G.A. for the State, Sri Akash Tiwari, learned counsel for the opposite party no.2 and 3 and perused the record.

By means of the instant application, the applicants have prayed for quashing of the entire criminal proceedings of Criminal Case No.1279 of 2014; State vs. Barkat Ali and others, arising out of Case Crime No.148/2014, under Sections 498A, 323 and 506 I.P.C. and Section 3/4 D.P. Act relating to Police Station-Kandhai, District-Pratapgarh which is pending before the Civil Judge (J.D.), Room No.15, Pratapgarh.

Learned counsel for the applicants submits that due to certain misunderstanding, the instant F.I.R. was lodged against the applicants. He added that later on, the parties sat together and have amicably settled their disputes, which has been reduced in writing on 26.11.2022. Thereafter, the applicants filed an Application U/S 482 No. 8952 of 2022 wherein this Court has directed the trial court to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 21.12.2023. He submits that now there is no dispute in between the parties and they have settled their dispute. He submits that further criminal proceedings in the instant matter would amount to harassment and, thus, the instant criminal proceedings arising out of Case Crime No. 148/2014 may be quashed.

Learned counsel for the opposite party no.2 and 3 has also supported the version of the learned counsel for the applicants and submits that parties have amicably settled their dispute and the opposite party no.2 and 3 have no grievance, hence, criminal proceedings against the applicants may be dropped.

Learned A.G.A. for the State has no objection to the submissions aforesaid.

Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 26.11.2022 and said compromise has been verified on 21.12.2023 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings relating to Case Crime No.148/2014.

In view of the above, as the applicants and opposite parties have entered into compromise on 26.11.2022 and no grievance remains to be agitated and, as such, further criminal proceedings in the aforementioned criminal case are liable to be set aside in view of the Judgments of the Apex Court rendered in B.S. Joshi and others Vs. State of Haryana and another (2003) 4 SCC 675; Nikhil Merchant Vs. Central Bureau of Investigation (2008) 9 SCC 677; Manoj Sharma Vs. State and others, (2008) 16 SCC 1; Gian Singh Vs. State of Punjab (2012) 10 SCC 303; and Narindra Singh and others Vs. State of Punjab (2014) 6 SCC 466.

Accordingly, entire criminal proceedings of Criminal Case No.1279 of 2014; State vs. Barkat Ali and others, arising out of Case Crime No.148/2014, under Sections 498A, 323 and 506 I.P.C. and Section 3/4 D.P. Act relating to Police Station- Kandhai, District-Pratapgarh which is pending before the Civil Judge (J.D.), Room No.15, Pratapgarhare hereby quashed.