Allahabad High Court
Shamsuddin And 7 Others vs State Of U.P. And Another on 17 August, 2023
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:165967 Court No. - 87 Case :- APPLICATION U/S 482 No. - 20567 of 2023 Applicant :- Shamsuddin And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ekansh Varma Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the charge sheet No. 393 of 2020 dated 14.08.2020, summoning order dated 27.04.2022 as well as entire proceedings of case No. 11966 of 2022 (State Vs. Shamsuddin and others) arising out of Case Crime No. 0377 of 2020, under Sections- 147, 308, 323, 504, 506, 427, 452 I.P.C., Police Station- Galshaheed, District- Moradabad.
3. The case was heard on 31.05.2023 and the Court has passed the following order:-
"1. List revised.
2. Heard Sri Ekansh Varma, learned counsel for the applicants, Sri B.B. Upadhyay, learned State counsel and perused the record.
3. Learned counsel for the applicants argued that the parties have entered into compromise, copy of which is annexed as annexure no. 5 to the affidavit in support of present 482 Cr.P.C. application. It is argued that as such the present proceedings be quashed.
4. 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 who shall verify the same within three weeks thereafter and send his report to this Court.
5. List on 26.07.2023.
6. Till the next date of listing, no coercive action shall be taken against the applicants Shamsuddin, Azeem, Nadeem, Farmaan, Naseem, Danish, Jubi @ Salman and Faheem in Case No. 1166/09 of 2022 Computer Case No. 11966 of 2022 (State Vs. Shamsuddin and others), under Sections 147, 308, 323, 504, 506, 427, 452 IPC, P.S. Galshaheed, District Moradabad passed by learned Additional Civil Judge (J.D.) No.3/Judicial Magistrate, Moradabad."
4. Pursuant to order dated 31.05.2023, compromise has been verified by the Additional Civil Judge(J.D.), Court No. 3, Moradabad vide order dated 05.06.2023 and the same has been received to this Court vide letter dated 08.08.2023.
5. Learned counsel for the opposite party No. 2 has not objected the aforesaid facts and submitted that in case proceedings against the applicants is quashed, he would have no objection.
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. The present application is, accordingly allowed.
9. No order as to costs.
Order Date :- 17.8.2023 ADY