Mahfuj @ Yusuf and 6 Others v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 33205 of 2023 Applicant :- Mahfuj @ Yusuf And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dileep Singh Yadav Counsel for Opposite Party :- G.A.,Kamlesh Kumar Singh Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicants, learned AGA for the State and Sri Kamlesh Kumar Singh, learned counsel for opposite party No. 2.

¶2The present application under section 482 Cr.P.C. has been filed for quashing the charge sheet dated 19.02.2018 and 05.06.2019 in S.T. No. 91 of 2019 (State vs. Deedar Gaharwar and others), arising out of Case Crime No. 199 of 2017, under Sections 147, 148, 149, 307, 325, 504, 506, 427, 352, 379 IPC and Section 7 of Criminal Law Amendment Act and Section 3(2)5 of SC/ST Act, P.S. -Chakia, District -Chandauli, pending in the Court of Special Judge, SC/ST Act, Chandauli on the basis of compromise deed dated 10.08.2023.

¶3Learned counsel for applicants submitted that earlier a cross F.I.R. has been lodged, but now parties have entered into compromise and no dispute is remain as on date. Therefore, in light of compromise, present proceeding may be quashed.

¶6On the basis of instruction, learned A.G.A. has informed that applicants have no criminal history.

¶7Sri Kamlesh Kumar Singh, learned counsel for opposite party No. 2 has not disputed the aforesaid facts and submitted that in case present proceeding is quashed, he would have no objection.

¶8In 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.

¶9Thus 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.

¶10The present application is, accordingly allowed.

¶11No order as to costs. Order Date :- 12.10.2023 Sartaj High Court of Judicature at Allahabad