Allahabad High Court
Pawan And 2 Others vs State Of U.P. And Another on 28 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:97069 Court No. - 89 Case :- APPLICATION U/S 482 No. - 45787 of 2023 Applicant :- Pawan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saiyad Iqbal Ahmed Counsel for Opposite Party :- G.A.,Mohd. Arif,Rizwan Ahamad Hon'ble Mayank Kumar Jain,J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State .
2.The present 482 Cr.P.C. application has been filed with the following prayer:
(i) Quash the criminal proceeding of Criminal Complaint Case No. 4953 of 2021 (Ramautar Vs. Pawan and others) pending before the Ld. Chief Judicial Magistrate, Sambhal at Chandausi, under Section 304 I.P.C., P.S. Rajpura, District Sambhal at Chandausi, in terms of compromise entered between the parites on 24.07.2023, which was duly verified by the Ld. C.J.M, Sambhal at Chandausi, in pursuance of the order of this Hon'ble Court dated 13.10.2023.
(ii) Quash the summoning order dated 16.04.2022 passed by learned Chief Judicial Magistrate, Sambhal, situated Chandausi as well as quash the order dated 20.06.2023 passed by Additional Session Judge/Special Judge, POCSO Act, Sambhal at Chandausi in Criminal Revision No. 10 of 2023 arising out of Criminal Complaint Case No. 4953 of 2021(arising out of Case Crime No. 0178 of 2015), under Section 304 I.P.C, P.S. Rajpura, District Sambhal at Chandausi, in terms of compromise entered between the parites on 24.07.2023, which was duly verified by the Ld. C.J.M, Sambhal at Chandausi, in pursuance of the order of this Hon'ble Court dated 13.10.2023.
(iii) Stay of further proceeding of Criminal Complaint Case No.4953 of 2021 "Ramautar Vs. Pawan and others" pending before Ld. Chief Judicial Magistrate, Sambhal at Chandausi, under Section 304 I.P.C., P.S. Rajpura, District Sambhal at Chandausi, in terms of compromise entered between the parites on 24.07.2023, which was duly verified by the Ld. C.J.M, Sambhal at Chandausi, in pursuance of the order of this Hon'ble Court dated 13.10.2023.
3. Learned counsel for the applicant submits that vide order dated 13.10.2023 passed by this Court, the learned trial court was directed to verify the compromise deed dated 24.07.2023, entered between the parties. In furtherance, to it, the compromise deed dated 24.07.2023 has been verified by the court concerned. The verification report of the court concerned is annexed as Annexure-13.
4. In view of the fact that the parties do not want to pursue the case any further as stated by them and as the matter is purely of personal nature, which has been mutually settled between the parties in view of the compromise, which has also been verified by the concerned Court below, vide its report dated 08.11.2023, therefore, no useful purpose would be served in proceeding with the matter further.
5. Thus, in view of the well settled principles 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 Judgment of the Apex Court reported in J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another), the entire proceedings of the aforesaid case is hereby set aside.
6. The present application is accordingly allowed.
Order Date :- 28.5.2024 PS