Rizwan Khurram and Another v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 42136 of 2023 Applicant :- Rizwan Khurram And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Syed Mohd. Khalid Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicants, learned A.G.A. for the State.

¶2The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No.368 of 1999 (State Vs. Rizwan Khurram and others), arising out of Case Crime No.1321 of 1998, under Sections-498-A, 323, 506 I.P.C. and Section 3/4 of D.P. Act, Police Station-Baradari, District-Bareilly pending in the court of Additional Chief Judicial Magistrate-I, Bareilly Nagar in terms of compromise done between the parties.

¶3Learned counsel for the applicants submits that now parties have entered into compromise on 10.07.2023 and the same has also been verified by the trial Court vide order dated 05.10.2023, therefore, in light of compromise between the parties, the criminal proceeding against the applicants may be quashed.

¶4Learned A.G.A. has not objected the aforesaid facts and submits that in case proceedings against the applicants is quashed, he would have no objection.

¶5In view of the facts and circumstances of the case, the applicants 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.

¶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.

¶8In case, there is any concealment of facts by the applicants, opposite party No.2 is at liberty to move recall application. Order Date :- 17.11.2023 Amit/- High Court of Judicature at Allahabad