Vinod and 3 Others v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 40025 of 2023 Applicant :- Vinod And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Singh Chauhan,Neelam Singh Chauhan Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

¶1Mr. Ram Nath, Advocate (Enroll. No. A/R-1073/12) informed that he has received instruction from opposite party no.2 to appear on his behalf.

¶2Heard learned counsel for the applicants, learned AGA for the State and Sri Ram Nath, learned counsel for opposite party no. 2.

¶3The present application under section 482 Cr.P.C. has been filed for quashing the NBW order dated 22.4.2022 as well as further proceeding of Criminal Case No. 1973 of 2014, arising out of Case Crime No. 75/14, under Section 323, 325, 504 IPC, Police Station-Shahganj, District-Agra.

¶4Learned counsel for the applicants submitted that applicants are opposite party no.2 are neighbours. He next submitted that under some misunderstanding, criminal proceedings has been initiated and due to intervention of respectable persons, compromise has been taken place between the parties and application to this effect has also been filed by the parites. He lastly submitted that in light of compromise, present proceeding may be quashed.

¶4Sri Ram Nath, learned counsel for opposite party no. 2 has supported the case of the applicants. 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 :- 7.11.2023 Junaid High Court of Judicature at Allahabad