Navajish v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 39748 of 2023 Applicant :- Navajish Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Arshad Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicant and learned A.G.A. for the State.

¶2The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 19.02.2023 as well as entire proceedings of Case No.1921 of 2023 (State Vs. Navajish) arising out of Case Crime No 446 of 2022, under Sections 420, 406, 323, 504, 506 I.P.C., P.S. Masoori, District Ghaziabad, pending in the court of learned Civil Judge (Junior Division)/Judicial Magistrate/ Fast Track Court, Ghaziabad.

¶3Counsel for the applicant submits that opposite party no. 2 has entered into compromise out of the court and thereafter, they approached before this Court by filing Application 482 No.23679 of 2023 and the Co-ordinate Bench of this Court vide order

12.07.2023 directed the parties to appear before the court below and file the compromise, thereafter the concerned court shall verify the compromise deed and transmit the same to this Court.

¶4Pursuant to the said order dated 12.07.2023, the parties appeared before the court below and in their presence, after due verification of the contents of the compromise made between the parties, order dated 31.07.2023 has been passed by the court below verifying the said compromise. A copy of the same is annexed with this application.

¶5Learned counsel for the applicants has submitted that allegation in the F.I.R. is regarding cheating for non payment of the amount transferred in the account and now the parties have settled their private and civil dispute through compromise and as such opposite party no.2 does not wish to press the aforesaid case against the applicant. Opposite party no.2 is ready to withdraw the prosecution of the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on.

¶6Learned A.G.A. does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him.

¶7In 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.

¶8Thus 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 Case No.1921 of 2023 (State Vs. Navajish) arising out of Case Crime No 446 of 2022, under Sections 420, 406, 323, 504, 506 I.P.C., P.S. Masoori, District Ghaziabad is hereby quashed.

¶9This application under Section 482 CrPC is accordingly allowed. Order Date :- 30.10.2023 Meenu Singh High Court of Judicature at Allahabad