Allahabad High Court
Amit Kumar vs State Of U.P. And Another on 4 August, 2023
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:157146 Court No. - 87 Case :- APPLICATION U/S 482 No. - 31151 of 2022 Applicant :- Amit Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mahendra Tripathi Counsel for Opposite Party :- G.A.,Pradeep Kumar Tiwari Hon'ble Neeraj Tiwari,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Surendra Kumar Tripathi, Advocate, holding brief of Sri Pradeep Kumar Tiwari, learned counsel for the opposite party No. 2.
2. The present 482 Cr.P.C. application has been filed to quash the charge sheet No. 219 of 2021 dated 27.11.2021 , cognizance order dated 20.12.2021 as well as entire proceedings of Case No. 59224 of 2021(State Vs. Amit Kumar), arising out of Case Crime No. 181 of 2021, under Sections- 504, 506 I.P.C. & 67 Information & Technology Act, Police Station- Shamshabad, District- Agra, pending in the court of learned Chief Judicial Magistrate, Agra.
3. The case was heard on 1.11.2022 and the Court has passed the following order:-
"Heard learned counsel for the applicant, learned A.G.A. for the State, and perused the record.
By way of the instant application, the applicant has sought for quashment of the charge sheet dated 27.11.2021, cognizance order dated 20.12.2021 passed by the Chief Judicial Magistrate, Agra as well as entire criminal proceeding in Case No.59224 of 2021 State Vs. Amit Kumar arising out of Case Crime No.181 of 2021 under Sections 504, 506 I.P.C. and 67 Information & Technology Act, Police Station Shamshabad, District Agra, pending in the court of the Chief Judicial Magistrate, Agra.
Learned counsel appearing for the applicant submits that both the parties filed compromise deed (annexure no.3) to the affidavit filed in support of this application as understanding has reached between the parties to settle their dispute amicably. The claim so raised is sustained. The present compromise deed is required to be verified physically by the trial court.
In view of above, it is directed that both the parties shall appear on 15.11.2022 before the court concerned and shall present the compromise deed before it. In the event on 15.11.2022, verification process cannot be drawn and is incomplete because of unforeseen circumstances / paucity of time of the court, then the date of next working will be fixed for its verification. In case, any compromise deed is so presented then physical verification of the parties shall be done and the order shall be passed by the court concerned thereon. In case any order is passed by the court concerned, the certified copy of the same shall be placed on record by way of filing affidavit by the present applicant.
List this case on 24.11.2022 in the additional cause list.
Till the next date of listing, no coercive action shall be taken against the applicant in the aforesaid case"
4. Pursuant to order dated 1.11.2022, compromise has been verified by the trial Court vide order dated 15.11.2022, which has been annexed in the supplementary affidavit.
5. Learned counsel for the opposite party No. 2 has not objected the aforesaid facts and submitted that in case proceedings against the applicant is quashed, he would have no objection.
6. In view of the facts and circumstances of the case, the applicant 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 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 Bureau 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.
8. The present application is, accordingly allowed.
9. No order as to costs.
Order Date :- 4.8.2023 ADY