Sukumar Jain and 2 Others v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 38185 of 2023 Applicant :- Sukumar Jain And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pawan Kumar Rai,Shashi Bhushan Mishra Counsel for Opposite Party :- G.A.,Gyanedra Pratap Singh Hon'ble Neeraj Tiwari,J.

¶1Heard Shri Shashi Bhushan Mishra, learned counsel for the applicants, learned A.G.A. for the State and Shri Gyanedra Pratap Singh, learned counsel for the opposite party No.2.

¶2The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Criminal Case No.4591 of 2008, under Sections-307, 352, 504 and 506 I.P.C., Police Station-Kotwali Lalitpur, District-Lalitpur, pending in the court of learned Chief Judicial Magistrate, Lalitpur in terms of compromise done between the parties.

¶3Learned counsel for the applicants submits that it is a case of no injury. He further submits that now parties have entered into compromise on 13.07.2023 and in pursuance of the order dated

27.07.2023 compromise has been verified by the trial Court vide order dated 28.08.2023, therefore, in light of compromise between the parties, the criminal proceeding against the applicants may be quashed.

¶4Learned 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.

¶5Learned A.G.A. has also not disputed 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. Order Date :- 28.11.2023 Amit/- High Court of Judicature at Allahabad