Allahabad High Court
Noorul Huda And 8 Others vs State Of U.P. And Another on 8 February, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- APPLICATION U/S 482 No. - 3054 of 2023 Applicant :- Noorul Huda And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saif Ali Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
List revised.
Vakaltnaman filed by Sri Rakesh Kumar Tiwari, Advocate on behalf of the opposite party no.2 is taken on record.
Heard Sri Saif Ali, learned counsel for the applicants, Sri Rakesh Kumar Tiwari, learned counsel for the Opposite Party No.2 and Ms. Arti Agarwal, learned counsel for the State and perused the record.
The present application under Section 482 Cr.P.C., has been filed by the applicants- Noorul Huda, Kamarul Huda, Nanhe, Suhel Ahmad, Obaidullah, Saud Ahmad, Jameel Ahmad, Sanaullah and Junaid Ahmad with the prayer to allow this application and quash the entire criminal proceeding of Criminal Case No. 10498 of 2022 (State vs. Noorul Huda and others) arsing out of Case Crime No. 189 of 2021, under Sections 147, 323, 427, 452, 504, 325 I.P.C., Police Station- Dudhara, District- Sant Kabir Nagar pending in the Court of Judicial Magistrate, Sant Kabir Nagar on the basis of compromise / settlement dated 30.1.2022 between the parties outside of the court with a further prayer that proceedings of the aforesaid case be stayed against the applicants during the pendency of the present application.
Learned counsel for the applicants has submitted that the applicants and the opposite party No.2 have compromised the dispute, copy of the same is annexed as annexure no.6 to the affidavit filed in support of present application. It is further argued that the said compromise has also been filed before the concerned trial court, as such the proceedings against the applicants may be quashed.
From the perusal of the record it is apparent that parties have entered in to compromise and have settled their dispute amicably.
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.
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 proceedings as prayed for by the applicants.
The entire proceedings of the aforesaid case are hereby quashed.
The present application is allowed.
Order Date :- 8.2.2023 AS Rathore (Samit Gopal,J.)