Kallu Shah v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 41224 of 2023 Applicant :- Kallu Shah Opposite Party :- State of U.P. and Another Counsel for Applicant :- Zafeer Ahmad Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicant; Sri Istiyak Khan, Advocate, who appeared on behalf of opposite party no. 2; learned A.G.A. for the State and perused the record.

¶2The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 12.02.2023; cognizance order dated 19.05.2023 as well as entire proceedings of Case No.24731 of 2023 (State of U.P. Vs. Kallu Shah) arising out of Case Crime No. 150 of 2022, under Section 306 I.P.C., P.S. Kundarki, District Moradabad in light of compromise dated 23.05.2023.

¶3Learned counsel for the applicants submits that applicant challenged the aforesaid proceedings by way of filing 482 Application No.25000 of 2023 before this Hon. Court and this Court vide order dated 14.09.2023 after hearing the parties and considering that parties entered into compromise sent the matter before the trial court for verification of the parties.

¶4Pursuant to the said order dated 14.09.2023, 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 04.10.2023 has been passed by the court verifying the said compromise. A copy of the same is annexed as Annexure-2 to the application.

¶5Learned counsel for the applicant has submitted that the applicant and opposite party no.2 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. and counsel for the opposite party no. 2 do not dispute the correctness of the submission made by learned counsel for the applicant or the correctness of the documents relied upon by him.

¶7In view of the facts and circumstances of the case, the applicant 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 Case No.24731 of 2023 (State of U.P. Vs. Kallu Shah) arising out of Case Crime No. 150 of 2022, under Section 306 I.P.C., P.S. Kundarki, District Moradabad, is hereby quashed.

¶9This application under Section 482 CrPC is accordingly allowed. Order Date :- 7.11.2023 Meenu Singh High Court of Judicature at Allahabad