Jagdish Singh v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 36769 of 2023 Applicant :- Jagdish Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Kumar Srivastava,Priyanka Srivastava Counsel for Opposite Party :- G.A.,Anand Tiwari Hon'ble Neeraj Tiwari,J.

¶1Sri Anand Tiwari, learned counsel for opposite party no. 2 has filed short counter affidavit, which is taken on record.

¶2Heard learned counsel for the applicant, learned AGA for the State and Sri Anand Tiwari, learned counsel for opposite party no.

2.

¶3Learned counsel for the applicant is permitted to carry out necessary correction in the prayer clause during the course of day.

¶4The present application under section 482 Cr.P.C. has been filed for quashing the order dated 6.7.2023 as well as entire proceeding of Case No.1906 of 2016 (State vs. Jagdish and others), under Sections-504, 332 IPC, Police Station-Kakor, District-Bulandshahar.

¶5Learned counsel for the applicant submitted that now parties have entered into compromise. He next submitted that proceeding initiated by the applicant against the opposite party no.2 has also been quashed on the basis of compromise. He further submitted that this fact has also been mentioned in the short counter affidavit. He lastly submitted that in light of compromise as well as short counter affidavit filed by opposite party no. 2, present proceeding may be quashed.

¶6Sri Anand Tiwari,, learned counsel for opposite party no. 2 has supported the case of the applicants on the basis of joint affidavit. He further submitted that in case this Court is pleased to quash the criminal proceeding pending against the applicants, he has no objection.

¶7Learned AGA for the State has also not disputed the aforesaid facts.

¶8In view of above, the applicants and respondent 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.

¶9Thus 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.

¶10The present application is, accordingly allowed. No order as to costs. Order Date :- 28.11.2023 Junaid High Court of Judicature at Allahabad