Ankit Thakur and 2 Others v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 33144 of 2023 Applicant :- Ankit Thakur And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kant Shukla Counsel for Opposite Party :- G.A.,Vidya Kant Rai Hon'ble Neeraj Tiwari,J.

¶1Short counter affidavit filed today be taken on record.

¶2Heard learned counsel for the applicants, learned AGA for the State and Sri Vidya Kant Rai, learned counsel for opposite party No. 2.

¶3The present application under section 482 Cr.P.C. has been filed for quashing the proceedings of S.S.T. No. 293 of 2023 (State vs. Thakur and other), arising out of Case Crime No. 0359 of 2022, under Sections 323, 504, 506 IPC and section 3(1)(Da), 3(1)(Dha), 3(2)(va) of SC/ST Act, P.S. -Bhojpur, District -Moradabad, pending in the Court of Special Judge, SC/ST Act, Moradabad in view of the compromise entered between the parties on 26.07.2023 on notary affidavit.

¶4Learned counsel for applicants submitted that parties are resident of same village. He further submitted that under some misconception, an scuffle took place between the parties, due to which, present criminal proceeding has been initiated. Ultimately, parties have entered into compromise. The facts of compromise has not been disputed in the short counter affidavit. Therefore, in light of compromise, present proceeding may be quashed.

¶5Sri Vidya Kant Rai, 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.

¶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.

¶10Learned trial Court is directed to ensure the deposit of amount of compensation received by opposite party No. 2 before closing the proceeding of above case. Order Date :- 3.11.2023 Sartaj High Court of Judicature at Allahabad