Nokhe Lal and Another v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 30581 of 2023 Applicant :- Nokhe Lal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

¶1Short counter affidavit along with Vakalatnama filed by Shri Vivek Tripathi Advocate on behalf of the opposite party No.2 is taken on record.

¶2Heard Shri Ramesh Kumar Mishra, learned counsel for the applicants, learned A.G.A. for the State and Shri Vivek Tripathi, learned counsel for the opposite party No.2.

¶3The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 26.10.2012, summoning order dated

28.06.2011 as well as entire proceedings of S.T. No.894 of 2012 (State vs. Nokhelal and another) arising out of Case Crime No.23 of 2011, under Sections-323/34, 504, 308/34 I.P.C., Police Station-Mauaima, District-Allahabad, pending in the court of Special Chief Judicial Magistrate, Allahabad in terms of compromise done between the parties.

¶4Learned counsel for the applicant submits that applicant No.1 and opposite party No.2 are cousin brother and due to some misunderstanding in between them, the present criminal proceedings has been initiated against the applicants. He next submits that now parties have entered into compromise on

23.06.2023. This fact may also be verified from the short counter affidavit filed today. He next submits that in light of compromise between the parties, the criminal proceeding against the applicants may be quashed.

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

¶6In 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.

¶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. Order Date :- 21.11.2023 Amit/- High Court of Judicature at Allahabad