Allahabad High Court
Saurabh Wahee And 2 Others vs State Of U.P. And Another on 26 September, 2023
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:186764 Court No. - 89 Case :- APPLICATION U/S 482 No. - 25574 of 2023 Applicant :- Saurabh Wahee And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Dubey,Krishna Kant Dubey Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record.
2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 01.08.2020; cognizance dated 02.11.2020 in Case Crime No. 0891 of 2020 (State Vs. Saurabh Vahi and others) under Sections 498-A, 323, 504 I.P.C. and 3/4 D.P. Act, P.S. Kavi Nagar, District Ghaziabad, pending in the court of Chief Judicial Magistrate, Ghaziabad.
3. Learned counsel for the applicants submits that both the parties have settled the dispute out of the court and agreement deed has been entered between the parties and informant does not want to proceed further on account of compromise.
4. It is next submitted that the Co-ordinate Bench of this Court vide order dated 18.07.2023 directed the concerned court to verify the compromise dated 04.03.3023 within 45 days from today. Pursuant to the said order, the Civil Judge (junior division)/FTC court no. 1, Ghaziabad has submitted a report that parties were present before the court on 16.08.2023 and signatures have been verified by their counsel and compromise on 16.08.2023 and opposite party no. 2 does not want to proceed further against the applicants in the aforesaid case. 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.
5. Learned counsel A.G.A. has no objection, if the proceedings in the aforesaid case are quashed.
6. 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.
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. This application under Section 482 CrPC is accordingly allowed.
Order Date :- 26.9.2023 Meenu Singh