Mehruddin @ Lalla and 4 Others v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 40703 of 2023 Applicant :- Mehruddin @ Lalla And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Goyal Counsel for Opposite Party :- G.A Hon'ble Neeraj Tiwari,J.

¶1Sri Ankit Kapoor, Advocate has filed vakalatnama on behalf of opposite party no. 2, which is taken on record.

¶2Heard learned counsel for the applicants, learned AGA and Sri Ullas Pandey, Advocate holding brief of Sri Ankit Kapoor, learned counsel for opposite party no. 2.

¶3The present application under section 482 Cr.P.C. has been filed for quashing the entire proceeding of Case No. 22906 of 2021 (State vs. Asgar Ali and others), arising out of Case Crime No. 365 of 2021, under Section 147, 323, 504 IPC, Police Station-Ramgarh, District-Firozabad, pending in the Court of Judicial Magistrate, Firozabad.

¶4Learned counsel for the applicants submitted that earlier applicants have approached this Court by filing an Application U/S 482 No. 34008 of 2022, which was disposed of vide order dated

20.10.2022 for verification of compromise between the parties. In compliance of order dated 20.10.2022, applicants have submitted compromise deed dated 10.08.2022 before Judicial Magistrate, Firozabad for verification, the same was verified on 24.11.2022. Lastly, he submitted that in light of compromise, present proceeding may be quashed.

¶5Sri Ullas Pandey, Advocate holding brief of Sri Ankit Kapoor, learned counsel for opposite party no. 2 has not objected the aforesaid fact and submitted that in case proceedings is quashed, he would have no objection.

¶6In 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.

¶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.

¶87The present application is, accordingly allowed. No order as to costs. Order Date :- 23.11.2023 Arvind High Court of Judicature at Allahabad