Allahabad High Court
Mahesh Chandra Agarwal And 3 Others vs State Of U.P. And Another on 24 July, 2023
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:146528 Court No. - 87 Case :- APPLICATION U/S 482 No. - 16171 of 2023 Applicant :- Mahesh Chandra Agarwal And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ghanshyam Das Mishra Counsel for Opposite Party :- G.A.,Krishna Gopal Hon'ble Neeraj Tiwari,J.
1. Short counter affidavit filed today is taken on record.
2. Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Krishna Gopal, learned counsel for the opposite party No. 2.
3. The present 482 Cr.P.C. application has been filed to quash the order dated 07.02.2023 passed by Civil Judge (J.D.) FTC, Court No. 1, Judicial Magistrate, Bareilly in Criminal Case No. 941 of 2021 arising out of Case Crime No. 371 of 2015 under Section 420, 465, 468, 471 IPC, Police Station- Kotwali, District- Bareilly.
4. The case was heard on 03.05.2023 and the Court has passed the following order:-
"1. List revised.
2. Heard Sri G.D. Mishra, learned counsel for the applicants, Sri Krishna Gopal, learned counsel for the opposite party no. 2, who has filed his vakalatnama today in Court which is taken on record, Sri Ankit Srivastava, learned counsel for the State and perused the records.
3. Office to print the name of Sri Krishna Gopal, Advocate on behalf of the opposite party no.2 by the next date.
4. Learned counsel for the applicants argued that the parties have entered into compromise, copy of which is annexed as annexure no. 7 to the affidavit in support of present 482 Cr.P.C. application. It is argued that as such the present proceedings be quashed.
5. Looking to the facts of the case, it is provided that the applicants shall file the said compromise within a period of two weeks from today before the court concerned which shall be verified by the court concerned within three weeks thereafter and send its report to this Court.
6. List on 31.5.2023.
7. Till the next date of listing, no coercive action shall be taken against the applicants Mahesh Chandra Agarwal, Pradeep Kumar, Raju Agrawal and Harish Kumar in Case No.941 of 2021, arising out of Case Crime No.371 of 2015, u/s 420, 465, 468, 471 IPC, P.S. Kotwali, District Bareilly pending in the court of Civil Judge (J.D.)/F.T.C. Court No.1, Bareilly."
5. Pursuant to order dated 03.05.2023, trial Court verified the compromise vide order dated 01.06.2023 and the same has been received to this Court from Civil Judge (J.D.)/F.T.C. Court No. 1, Bareilly vide letter dated 07.06.2023.
6. Learned counsel for the opposite party No. 2 has not objected the aforesaid fact and submitted that in case proceeding against the applicants is quashed, he would have no objection.
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 reported in 2003(4) SCC 675 (B.S. Joshi) Vs. State of Haryana) as well as the judgement of the Apex Court reported in J.T. 2008(() SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another), as well as judgment of the Apex Court reported in (2012) 10 SCC 303 (Gian Singh Vs. Stated of Punjab) and reported in (2014) Supreme Today 642 (Narinder Singh & others Vs. State of Punjab and another), the proceedings of the aforesaid case is hereby quashed.
9. The present application is, accordingly allowed.
10. No order as to costs.
Order Date :- 24.7.2023 ADY