Yaqoob and 3 Others v. State of U.P. and 3 Others

Court No. - 86 Case :- APPLICATION U/S 482 No. - 38932 of 2023 Applicant :- Yaqoob And 3 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Zainul Abdin Counsel for Opposite Party :- G.A.,Rajvendra Singh Hon'ble Rajiv Gupta,J.

¶1Short counter affidavit filed on behalf of opposite party No. 2 today in Court, is taken on record.

¶2Heard learned counsel for the applicants, Shri Rajvendra Singh, learned counsel for opposite party Nos. 2, 3 and 4, learned AGA for the State and perused the record.

¶3This application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge sheet No. 175 of 2022 dated 16.5.2022 and cognizance/summoning order dated 24.6.2022 as well as further proceedings of Case No. 1260 of 2022 (State vs. Yaqoob and others) arising out of Case Crime No. 227 of 2022, under Sections 452, 323, 325, 504, 506 IPC, P.S. Thakurdwara, District-Moradabad, pending in the court of Judicial Magistrate, Thakurdwara, Moradabad.

¶4Learned counsel for the applicants has submitted that on account of past enmity, there was a sudden quarrel between the parties, on the basis of which, the present criminal case was instituted against the applicants, however subsequently, with the intervention of the respected members of both the family and society, they have amicably and genuinely settled all their disputes and differences and now they do not have any grievance against the each other.

¶5Learned counsel for the applicants has next submitted that in the instant case, opposite party Nos. 3 and 4 have received injuries. The injuries of Mohd. Hasan has been noted to be simple in nature whereas the other injured Mohd. Rafi suffered a fracture injury on his left hand.

¶6Learned counsel for the applicants has next drawn the attention of the Court to a settlement-agreement dated 1.9.2023 drawn between the parties, a copy of which has been annexed as Annexue No. 10 to this application.

¶7Learned counsel for the applicants has next submitted that the parties are next door neighbours and in view of the compromise made between the parties and in order to maintain harmonious and cordial relations between them, entire proceedings be quashed against the applicants.

¶8Learned counsel for the opposite party No. 2 has also appeared and has filed counter affidavit on behalf of the opposite party No. 2 and in paragraph-3 of the said affidavit, the said compromise has been acknowledged. Further, in paragraph-4 of the affidavit, it has been stated that the opposite party No. 2 has no objection, if the entire proceedings are quashed against the applicants.

¶9Learned AGA could not dispute the aforesaid facts.

¶10This Court is not unmindful of the judgements of the Apex Court in the cases of :-

¶1B.S. Joshi and others Vs. State of Haryana and another (2003) 4 SCC 675.

¶2Nikhil Merchant Vs. Central Bureau of Investigation [2008) 9 SCC 677].

¶3Manoj Sharma Vs. State and others ( 2008) 16 SCC 1.

¶4Gian Singh Vs. State of Punjab (2012) 10 SCC 303.

¶5Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466. Wherein the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and another [2013 (83) ACC 278], in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.

11.Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned case.

12.Accordingly, the entire proceedings of Case No. 1260 of 2022 (State vs. Yaqoob and others) arising out of Case Crime No. 227 of 2022, under Sections 452, 323, 325, 504, 506 IPC, P.S. Thakurdwara, District-Moradabad, pending in the court of Judicial Magistrate, Thakurdwara, Moradabad. , are hereby quashed.

13.This application under Section 482 CrPC is accordingly allowed. Order Date :- 7.11.2023 KU High Court of Judicature at Allahabad