Surendra Pal Singh and Another v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 28194 of 2022 Applicant :- Surendra Pal Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Vajpeyi,Sanjay Mishra Counsel for Opposite Party :- G.A.,Rahul Mishra Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicant, learned AGA for the State and Sri Sandeep Singh, learned counsel for opposite party no. 2.

¶2The present application under section 482 Cr.P.C. has been filed for quashing the summoning order dated 4.7.2019 as well as proceedings of Complaint Case No. 4642 of 2019, (M/s M.M. Industries vs. M/s Royal Pressing & Components Pvt. Ltd. and others), under Section 138/141 of N.I. Act, Police Station-Kavi Nagar, District-Ghaziabad.

¶3Learned counsel for the applicant submitted that amount in dispute has already been paid to opposite party no.2 and now parties having entered into compromise. This fact has also been disputed in the short counter affidavit filed by the opposite party no.2. He lastly submitted that in light of compromise as well as short counter affidavit filed by opposite party no.2, present proceeding may be quashed.

¶4Sri Sandeep Singh, learned counsel for opposite party no. 2 has supported the case of the applicants on the basis of short counter 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 :- 8.11.2023 Junaid High Court of Judicature at Allahabad