Sameer and Another v. State of U.P. and 2 Others

Court No. - 87 Case :- APPLICATION U/S 482 No. - 40887 of 2023 Applicant :- Sameer And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

1.Sri Amresh Bahadur Tiwari, advocate put in appearance on behalf of opposite party no. 2 and has filed vakalatnama, which is taken on record.

¶2Heard learned counsel for the applicants, learned AGA and Sri Amresh Bahadur Tiwari, learned counsel for the opposite party no.2.

¶3This application under Section 482 Cr.P.C. has been filed with the prayer to quash the summoning order dated 30.8.2023 as well as entire criminal proceedings of Case No. 20205/9 of 2023 (State Vs. Sameer and another) arising out of Case Crime No. 157 of 2023, under Sections 323, 504, 308 IPC, Police Station-Kotwali Shamli, District-Shamli, pending in the court of Chief Judicial Magistrate, Shamli.

¶4Learned counsel for the applicants submitted that it is a cross case and now the parties have entered into compromise. He next submitted that on the basis of compromise, proceeding against opposite party no. 2 has already been quashed by this Court in Application U/S 482 No. 482 No. 40806 of 2023 vide order dated

6.11.2023. Lastly, he submitted that in light of compromise, present proceeding may be quashed.

¶5Sri Amresh Bahadur Tiwari, learned counsel for the opposite party no.2 has not objected the aforesaid fact and submitted that in case proceedings is quashed, he would have no objection.

¶6Learned AGA has also not disputed the aforesaid fact.

¶7In 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.

¶8Thus 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.

¶9The present application is, accordingly allowed. No order as to costs. Order Date :- 24.11.2023 Arvind High Court of Judicature at Allahabad