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Allahabad High Court

Arvind Kumar Singh And 3 Others vs State Of U.P. And Another on 22 August, 2023

Author: Neeraj Tiwari

Bench: Neeraj Tiwari





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:169067
 
Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 22477 of 2023
 

 
Applicant :- Arvind Kumar Singh And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Gyanendra Prakash Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Neeraj Tiwari,J.
 

1. Sri Pankaj Srivastava, advocate has filed vakalatnama on behalf of opposite party no. 2, which is taken on record.

2. Heard learned counsel for the applicant, learned AGA for the State and Sri Pankaj Srivastava, learned counsel for the opposite party no.2.

3. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No. 6029 of 2020 (State Vs. Arvind Kumar Singh and others), arising out of case crime no. 162/2020, under Sections-506, 505(1)(b) I.P.C., Police Station- Kotwali, District- Azamgarh, pending in the court of C.J.M., Azamgarh.

4. Learned counsel for the applicant submitted that earlier there was some dispute between the parties upon which FIR has been lodged and summoning order has been issued. He next submitted that now parties have entered into compromise and decided not to press the criminal proceeding. Therefore, present proceeding may be quashed.

5. Sri Pankaj Srivastava, learned counsel for the opposite party no. 2, as per instruction, submitted that opposite party no. 2 dose not want to press the criminal proceeding. He next submitted that in case proceedings is quashed, he would have no objection.

6. In view of above, 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.

7. 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 aforesaid case is hereby quashed.

8. The present application is, accordingly allowed. No order as to costs.

Order Date :- 22.8.2023 Arvind