Khushwant Singh and Another v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 27759 of 2023 Applicant :- Khushwant Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

1.Supplementary affidavit filed today, is taken on record.

¶2Heard learned counsel for the applicants and learned AGA for the State.

¶3The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 23.10.2021, cognizance/summoning order dated

12.04.2021 in Case No. 21324 of 2021 (State vs. Khushwant and others) arising out of case crime no. 328 of 2021, under Sections 498A, 323, 504, 506 IPC & 3/4 D.P. Act, Police Station-Mahila Thana, District-Muzaffar Nagar on the basis of compromise dated

09.06.2023.

¶4Case was heard on 24.08.2023, Court has passed the following order:- "1. Heard learned counsel for the applicants, learned A.G.A. for the State.

¶2The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 23.10.2021, cognizance/summoning order dated 12.04.2021in Case No. 21324 of 2021 (State vs. Khushwant and others) arising out of case crime no. 328 of 2021, under Sections 498A, 323, 504, 506 IPC & 3/4 D.P. Act, Police Station-Mahila Thana, District-Muzaffar Nagar on the basis of compromise dated 09.06.2023.

¶3Learned counsel for the applicants submits that now parties have entered into compromise on 09.06.2023, therefore, this Court may please to quash the proceeding for which learned A.G.A. has no objection.

¶4Under such facts and circumstances, learned counsel for the applicants is directed to file compromise deed dated 09.06.2023 alongwith application before the trial Court for verification. In case any such application is filed alongwith compromise deed dated 09.06.2023 within two weeks from today, trial court shall fix a date for the verification of the compromise entered into between the parties within four weeks and after verification of compromise, trial Court shall send a report to this Court forthwith.

¶5List this case on 28.09.2023

¶6Till then, no coercive action shall be taken against the applicants."

¶5Pursuant to the order of this Court dated 24.08.2023, learned Trial Court has verified the compromise between the parties on

15.09.2023. Certified copy of verification report is annexed along with supplementary affidavit filed today.

¶6Learned counsel for the applicants submitted that now the parties have entered into compromise, therefore, present proceeding may be quashed.

¶7Learned AGA has not objected the aforesaid fact and submitted that in case proceedings is quashed, he would have no objection.

¶8In view of above, 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. No order as to costs. Order Date :- 12.10.2023 Arvind High Court of Judicature at Allahabad