Mohd. Arif and Another v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 36866 of 2023 Applicant :- Mohd. Arif And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

¶1Short counter affidavit filed by Sri Ganesh Shankar Patel and Sri Ajay Kumar Srivastava alongwith vakalatnama is taken on record.

¶2Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Ganesh Shankar Patel alongwith Sri Ajay Kumar Srivastava, learned counsel for the opposite party No. 2.

¶3The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 28.04.2023, cognizance order dated 17.08.2023 as well as entire proceedings of Case No. 5360 of 2023(State Vs. Mohd. Arif and others), arising out of Case Crime No. 534 of 2022, under Sections-420, 406, 506 I.P.C., Police Station-Civil Lines, District-Rampur, pending in the court of learned Chief Judicial Magistrate, Rampur.

¶4Learned counsel for the applicants submitted that under some misunderstanding, present criminal proceeding was initiated by opposite party No. 2 against the applicants, but ultimately, parties have entered into compromise on 03.09.2023. He next submitted that fact regarding compromise between the parties may be verified from the short counter affidavit filed today by learned counsel for the opposite party No. 2. He next submitted that in view of compromise entered between the parties, present criminal proceeding may be quashed.

¶5Learned counsel for the opposite party No. 2 have filed short counter affidavit, in which they have not objected the aforesaid facts and submitted that in case proceedings against the applicants is quashed, they would have no objection.

¶6In 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.

¶7Thus 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.

¶8The present application is, accordingly allowed.

¶9No order as to costs. Order Date :- 31.10.2023 ADY High Court of Judicature at Allahabad