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

Court No. - 87 Case :- APPLICATION U/S 482 No. - 43009 of 2023 Applicant :- Manoj And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neeraj Srivastava,Sudhir Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

¶1Sri Abu Bakht, Advocate, put in appearance on behalf of opposite party No. 2 has filed vakalatnama, which is taken on record.

¶2Heard learned counsel for the applicants and learned A.G.A. for the State.

¶3The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Criminal Case No. 29 of 2017(State Vs. Manoj and another), arising out of Chargesheet No. 74 of 2016 dated 09.08.2015, under Sections-498A, 323, 377, 506 IPC and 3/4 D.P. Act against applicant No. 1 and under Section 498A, 506 IPC and 3/4 D.P. Act against applicant No. 2 as well as cognizance/summoning order dated 11.01.2017 against applicant No. 1 in Case Crime No. 64 of 2016, Police Station-Mahila Thana, District Rampur, pending before learned civil Judge(J.D.)/F.T.C., Rampur.

¶4Learned counsel for the applicants submitted that parties have entered into compromise on 20.03.2023. He next submitted that earlier, applicants approached this Court by filing Application U/s 482 No. 26531 of 2023, which was disposed of by this Court vide order dated 17.08.2023 with direction for getting the compromise verified. He next submitted that pursuant to order dated

17.08.2023, compromise has been verified by the trial Court vide order dated 17.10.2023. He next submitted that in light of compromise entered between the parties, criminal proceeding against the applicants may be quashed.

¶5Learned A.G.A. has not objected the aforesaid facts.

¶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.

¶9No order as to costs. Order Date :- 23.11.2023 ADY High Court of Judicature at Allahabad