Idrish and Another v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 39460 of 2023 Applicant :- Idrish And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

1.Vakalatnama filed by Shri Vinay Kumar Singh, Advocate on behalf of the opposite party No.2 is taken on record.

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

¶3The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No.3463 of 2020 (Old No.52746 of 2019) (CNR No.UPMED-5025388 of 2019) (State of U.P. Vs. Idrish & Another and Another), arising out of Case Crime No.0488 of 2018, under Sections-452, 323, 427 and 504 I.P.C., Police Station-Parikshitgarh, District-Meerut as well as charge-sheet No.516 of 2018 dated 17.12.2018 and cognizance order dated 14.12.2022 pending in the court of Additional Civil Judge (Senior Division), Court No.03, Meerut in terms of compromise done between the parties.

¶4Learned counsel for the applicant submits applicants and opposite party No.2 are residing in the same locality and due to some misunderstanding in between them, present criminal proceeding has been initiated against the applicants. He further submits that during the pendency of the present application, parties have entered into compromise on 21.08.2023 and same has also been filed before the trial Court, therefore, 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 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 :- 22.11.2023 Amit/- High Court of Judicature at Allahabad