Mishrilal @ Rupesh Kumar v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 20428 of 2023 Applicant :- Mishrilal @ Rupesh Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anwar Hussain Counsel for Opposite Party :- G.A.,Anees Baig Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State Sri Anees Baig, learned counsel for the opposite party No. 2.

¶2The present 482 Cr.P.C. application has been filed to quash the charge dated 28.02.2020, summoning/cognizance order dated 18.11.2021 as well as entire proceedings of Criminal Case No. 17722 of 2021(State Vs. Mishri Lal), arising out of Case Crime No. 58 of 2020, under Sections-380 and 411 I.P.C., Police Station-Ramgarh, District-Firozabad, pending in the court of Judicial Magistrate, Firozabad.

¶3The case was heard on 31.05.2023 and the Court has passed the following order:- "1. List revised.

¶2Heard Sri Anwar Hussain, learned counsel for the applicant, Sri Anis Beg, learned counsel for the opposite party no. 2 who has filed his vakalatnama today in Court which is taken on record, Sri B.B. Upadhyay, learned State counsel and perused the record.

¶3Learned counsel for the applicant argued that the parties have entered into compromise which is dated 18.4.2023, copy of the said compromise is annexed as annexure no. 6 to the affidavit in support of present 482 Cr.P.C. application. It is argued that as such the present proceedings be quashed.

¶4Looking to the facts of the case, it is provided that the applicant shall file the said compromise within a period of two weeks from today before the court concerned who shall verify the same within three weeks thereafter and send his report to this Court.

¶5List on 26.7.2023.

¶6Till the next date of listing, no coercive action shall be taken against the applicant in the aforementioned case.

¶7Office shall ensure the name of Sri Sri Anis Beg be printed in the cause list as counsel for the opposite party no. 2 when the matter is listed next."

¶4Pursuant to order dated 31.05.2023, compromise has been verified by the trial Court vide order dated 13.06.2023 and the same has been received to this Court from In-charge Judicial Magistrate, Firozabad vide letter dated 30.09.2023.

¶5Learned counsel for the opposite party No. 2 has not objected the aforesaid facts and submitted that in case proceedings against the applicant is quashed, he would have no objection.

¶6In 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.

¶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. Order Date :- 9.11.2023 ADY High Court of Judicature at Allahabad High Court of Judicature at Allahabad