Allahabad High Court
Suhel And 4 Others vs State Of U.P. And Another on 27 June, 2024
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:105335 Court No. - 70 Case :- APPLICATION U/S 482 No. - 19592 of 2024 Applicant :- Suhel And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avdhesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard SriAvdhesh Kumar, learned counsel for the applicants and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No. 26055/2023 (State vs. Suhel and Others), arising out of Case Crime No. 361 of 2021, under Sections 147, 452, 427, 323, 504, 506 IPC, Police Station- Katghar, District- Moradabad, in terms of the compromise verification order dated 23.04.2024 passed by Additional Chief Judicial Magistrate, Court No. 1, Moradabad, pending in the court of Additional Chief Judicial Magistrate, Court No. 1, Moradabad.
3. Learned counsel for the applicants submits that applicants and opposite party no. 2 have amicable settled their dispute out of court and entered into a compromise and on that basis earlier applicants moved Application U/S 482 Cr.P.C. No. 678 of 2024 (Suhel And Others vs. State of U.P. and Another) before this Hon'ble Court. The Co-ordinate Bench of this Court vide order dated 15.02.2024 disposed of the said application with the direction that the parties to appear before the court below alongwith the compromise deed, thereafter the concerned court shall verify the parties and the compromise deed.
4. Pursuant to the said order dated 15.02.2024, the parties appeared before the court below and in their presence, after due verification of the contents of the compromise entered into between the parties, order dated 23.04.2024 has been passed by the court below verifying the said compromise. A copy of the same is annexed as Annexure-4 to the application.
5. Learned counsel for the applicants has submitted that the applicants and opposite party no.2 have settled their dispute through compromise and, as such, opposite party no.2 does not wish to press the aforesaid case against the applicants. Opposite party no.2 is ready to withdraw the prosecution of the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on.
6. Learned A.G.A. does not dispute the correctness of the submissions made by learned counsel for the applicants or the correctness of the documents relied upon by him.
7. In view of the facts and circumstances of the case, the applicants and opposite party no. 2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.
8. Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court in the matters of Krishnappa & Ors. vs. State of Karnataka; 2021 0 Supreme(SC) 529, Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. vs. State of Gujarat and another; 2017 9 SCC 641, B.S. Joshi Vs. State of Haryana; 2003(4) SCC 675, Nikhil Merchant Vs. Central Burea of Investigation and another; (2008) 9 Supreme Court Cases 677, Gian Singh Vs. Stated of Punjab; (2012) 10 SCC 303 and Narinder Singh & others Vs. State of Punjab and another; (2014) Supreme Today 642, the proceedings of the Case No. 26055/2023 (State vs. Suhel & Others), arising out of Case Crime No. 361 of 2021, under Sections 147, 452, 427, 323, 504, 506 IPC, Police Station- Katghar, District- Moradabad, pending in the court of Additional Chief Judicial Magistrate, Court No. 1, Moradabad, are hereby quashed.
9. This application under Section 482 CrPC is accordingly allowed.
Order Date :- 27.6.2024 Aditya