Allahabad High Court
Rohit And 11 Others vs State Of U.P. And Another on 17 July, 2023
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:141770 Court No. - 87 Case :- APPLICATION U/S 482 No. - 16589 of 2023 Applicant :- Rohit And 11 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A.,Brijesh Kumar Pandey Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants, learned AGA for the State and Sri Brijesh Kumar Pandey, learned counsel for opposite party No. 2.
The present 482 Cr.P.C. application has been filed to quash the charge sheet No. 031/2019 dated 24.01.2019, Criminal Case No.740 of 2019, arising out of case crime no.760 of 2018, u/s 147, 148, 149, 352, 452, 506, 447, 323, 324 IPC, P.S. Hashanpur, District J.P. Nagar (Amroha) pending in the court of Additional Chief Judicial Magistrate-I, J.P. Nagar (Amroha) in terms of compromise dated 16.03.2023.
Case was heard on 05.05.2022, Court has passed the following order:-
"1. List revised.
2. Heard Sri S.K. Srivastava, learned counsel for the applicants, Sri Brijesh Kumar Pandey, learned counsel for the opposite party no. 2, Sri Sanjay Kumar Singh, learned counsel for the State and perused the records.
3. Learned counsel for the opposite party no.2 states that he has filed his vakalatnama in the office on behalf of the opposite party no.2 on 1.5.2023 but the same is not on record.
4. Office is directed to trace out the same and place it on record and make a note in the order sheet regarding the same.
5. Learned counsel for the applicants argued that the parties have entered into compromise, copy of which is annexed as annexure no. 3 to the affidavit in support of present 482 Cr.P.C. application. It is argued that as such the present proceedings be quashed.
6. 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.
7. List on 3.7.2023.
8. Till the next date of listing, no coercive action shall be taken against the applicants in Criminal Case No.740 of 2019, arising out of case crime no.760 of 2018, u/s 147, 148, 149, 352, 452, 506, 447, 323, 324 IPC, P.S. Hashanpur, District J.P. Nagar (Amroha) pending in the court of Additional Chief Judicial Magistrate-I, J.P. Nagar (Amroha)."
Pursuant to the order of this Court dated 05.05.2023, learned First Additional Sessions Judge (J.D.), Amroha has submitted its report dated 16.05.2023 verifying the compromise deed entered between the parties.
Learned counsel appearing for opposite party no. 2 has not disputed the aforesaid facts and also submitted that opposite party No. 2 does not want to pursue the matter any further. Therefore, in case aforesaid proceeding is quashed, he would have no objection.
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.
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 Burea 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.
The present application is, accordingly allowed. No order as to costs.
Order Date :- 17.7.2023 Sartaj