Allahabad High Court
Faraz Ahmad And 7 Others vs State Of U.P.And Another on 10 January, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- APPLICATION U/S 482 No. - 720 of 2023 Applicant :- Faraz Ahmad And 7 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Mir Sayed Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
List revised.
Heard Sri Mir Sayed, learned counsel for the applicants, Sri Sakib Ahmad, learned counsel for the opposite party no. 2, who has filed his vakalatnama today in Court which is taken on record, Sri B.B. Upadhyay, learned counsel for the State and perused the records.
The present application under Section 482 Cr.P.C. has been filed by the applicants Faraz Ahmad, Mohammad Sabi, Amaan, Usman Ahmad, Faiz Ahmad, Aaris, Haji Imran Ahmad and Liyakat @ Lalu with the prayer to allow the present application and quash the entire criminal proceeding on the basis of compromise in Charge sheet No. 281 of 2022 dated 14.05.2022 (State vs. Faraz Ahmad and others) arising out of Case Crime No. 1020 of 2021, under Sections 147, 323, 504, 506, 427, 325 IPC, Police Station Chakeri, District Kanpur Nagar, pending in the court of ACMM (III) Kanpur Nagar as well as impugned cognizance order dated 23.08.2022 Varanasi and with the further prayer to stay the further proceedings of aforesaid case.
Learned counsels for the parties state that it is common ground between the parties that the parties have entered into compromise and an application supported by affidavit was filed by the applicants before the trial court to the said effect. Learned counsel for the applicants has placed the copy of compromise before the Court to buttress the said arguments which is annexure no. 5 to the affidavit in support of this application. The same is not disputed by learned counsel for the opposite party no.2.
The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed.
From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings, charge sheet as well as cognizance/summoning order as prayed for by the applicant(s).
The present application is allowed.
The proceedings of the case, charge sheet as well as cognizance/summoning order are hereby quashed.
Order Date :- 10.1.2023 M. ARIF (Samit Gopal, J.)