Allahabad High Court
Mukesh Kothari And Another vs State Of U.P. And Another on 24 April, 2024
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:72099 Court No. - 87 Case :- APPLICATION U/S 482 No. - 3507 of 2020 Applicant :- Mukesh Kothari And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satish Solanki Counsel for Opposite Party :- Ajay Kumar Pathak,G.A. Hon'ble Samit Gopal,J.
1. List revised.
2. Heard SriSatish Solanki, learned counsel for the applicants and Sri Devendra Nath Mishra, learned counsel for the State and perused the record. Shri Ajay Kumar Pathak, learned counsel for the opposite party no. 2 is not present.
3. This application under Section 482 Cr.P.C. has been filed by the applicant- Mukesh Kothari and Saurabh with the prayer to allow this application and quash the entire proceeding in Case No. 3104 of 2014 (State Vs. Mukesh and others) and S.T. No. 365 of 2016 in Case Crime No. 688 of 2013, under Sections 352, 504, 506 I.P.C. and Section 3(1) (X) S.C./S.T. Act, Police Station- Hathras Gate, District-Hathras pending in the court of Special judge S.C./ S.T. Court Hathras District- Hathras with a further prayer that proceeding of the aforesaid case be stayed against the applicants during the pendency of the present application.
4. Learned counsel for the applicants has annexed the report of Special judge S.C./ S.T. Court Hathras District- Hathras in supplementary affidavit 29.10.2021 annexed as annexure no. 1, wherein it has been stated that compromise between the parties has been verified vide its report dated 31.10.2020.
5. Learned counsel for the applicants argued that the parties have settled the dispute amicably out of court and on the basis of compromise the applicants filed the present Criminal Misc. Application U/S 482 Cr.P.C. before this Court in which an order for verification of the compromise was passed on 18.02.2020. It is argued that in compliance of the order dated 18.02.2020 of this Court, the parties have filed the order of this Court along with compromise application before the concerned court for its verification after which the concerned court has verified the said compromise vide its order dated 31.10.2020. It is argued that the opposite party no. 2 is not interested to pursue the matter pending in the trial court and is not inclined to give any evidence against the applicants and therefore the impugned proceedings be quashed on the ground of compromise between the parties.
6. Learned counsel for the State could not dispute the fact that the matter has been amicably settled between the parties which was duly verified by the concerned trial court.
7. 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.
8. 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 entire proceedings of case as prayed for by the applicants.
9. The present application is allowed.
10. The entire proceedings of the said case are hereby quashed subject to the applicants and the opposite party no. 2 shall deposit Rs.5000/- each before the concerned trial court which shall be utilized by the District Legal Services Authority of the district.
Order Date :- 24.4.2024 Vipasha (Samit Gopal, J.)