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

Court No. - 87 Case :- APPLICATION U/S 482 No. - 20470 of 2023 Applicant :- Ramasre And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicants and learned AGA for the State .

¶2Case was heard on 17.8.2023, Court has passed the following order:- "Heard learned Counsel for the applicants and learned AGA for the State. Learned counsel for the applicants submitted that parties have entered into compromise on 18.04.2023 and the same has been filed before the trial Court, but till date no verification report has been sent by the trial Court, therefore direction may be issued to trial Court to send the verification report to this Court. Under such facts of the case, A.C.J.M., Maharajganj is directed to verify the compromise dated 18.04.2023 and submit verification report maximum within six weeks. List this case on 04.10.2023. Till then no coercive action shall be taken against the applicants. Registrar(Compliance) is directed to send a copy of this order within 48 hours to A.C.J.M., Maharajganj for strict compliance."

¶3Pursuant to the order of this Court dated 17.8.2023, learned A.C.J.M., Maharajganj has submitted its report on 18.9.2023 verifying the compromise deed entered between the parties.

¶4Learned AGA has not disputed the aforesaid facts and also submitted that in case aforesaid proceeding is quashed, he would have no objection.

¶5In view of above, 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 charge sheet dated

21.11.2012, cognizance order dated 10.4.2014 as well as bailable warrant dated 5.4.2023 and entire proceeding of Criminal Case No. 391 of 2014, arising out of Case Crime No. 1029-A of 2012, under Sections 323, 504, 308 IPC, Police Station Nichlaul, District-Maharajganj are hereby quashed.

¶7The present application is, accordingly allowed. No order as to costs. Order Date :- 17.11.2023 Junaid High Court of Judicature at Allahabad