Allahabad High Court
Mujahid And 3 Others vs State Of U.P. And Another on 6 September, 2023
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:175888 Court No. - 87 Case :- APPLICATION U/S 482 No. - 22018 of 2023 Applicant :- Mujahid And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Singh 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 entire proceedings of Case No. 2326 of 2022(State Vs. Mujahid and others) arising out of Case Crime No. 21 of 2021, under Sections- 323, 354, 452, 506, 325, 308 I.P.C., Police Station- Amroha Nagar, District- Amroha, pending in the court of Chief Judicial Magistrate, Amroha.
3. The case was heard on 06.07.2023 and the Court has passed the following order:-
"Heard learned counsel for the applicant, learned A.G.A. for the State.
Learned counsel for the applicant submitted that now the parties have entered into compromise on 16.12.2022 and the said compromise has also been filed before the trial Court, but till date no verification report has been received from the trial Court. In such view of the matter, learned C.J.M., Amroha is directed to verify the compromise filed before the Court and submit verification report maximum within four weeks. List this case on 17.08.2023.
Till then no coercive action shall be taken against the applicants."
4. Pursuant to order dated 06.07.20233, compromise has been verified by the trial Court vide order dated 19.07.2023 and the same has been received to this Court from Chief Judicial Magistrate, Amroha, vide letter dated 20.07.2023.
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 :- 6.9.2023 ADY