Amit and 2 Others v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 31704 of 2015 Applicant :- Amit And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Mishra Counsel for Opposite Party :- G.A.,Ramesh Chandra Agrahari Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicants, learned AGA for the State and Sri A.L. Gupta, learned counsel for opposite party no.2.

¶2This application under Section 482 Cr.P.C. has been filed for quashing the Charge Sheet No.47 of 2015 dated 20.5.2015 in Case Crime No. 255 of 2014, under Sections 409, 420, 467, 468, 471, 323, 504, 506 IPC, P.S. Fazalganj, District Kanpur Nagar, as well as the cognizance order dated 1.6.2015 in Case No.1888 of 2015, pending in the court of Additional Chief Metropolitan Magistrate-VIII, Kanpur Nagar.

¶3Learned counsel for the applicants submitted that present criminal proceedings is arising out family dispute and ultimately parties have entered into compromise. He next submitted that in the present matter, compromise affidavit has also been filed and in the said affidavit, it is mentioned that opposite party no.2 does not want to pursue the any criminal proceedings against the applicant any further. He lastly submitted that in light of compromise, present proceeding may be quashed.

¶4Sri A.L. Gupta, learned counsel for opposite party no.2 has supported the case of the applicants on the basis of affidavit. He further submitted that in case this Court is pleased to quash the criminal proceeding pending against the applicants, he has no objection.

¶5In view of above, the applicants and respondent 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.

¶6Thus 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.

¶7The present application is, accordingly allowed. No order as to costs. Order Date :- 2.11.2023 Junaid High Court of Judicature at Allahabad