Gayasuddin and 4 Others v. State of U.P

Court No. - 87 Case :- APPLICATION U/S 482 No. - 39894 of 2023 Applicant :- Gayasuddin And 4 Others Opposite Party :- State of U.P. Counsel for Applicant :- Girja Shanker Sen,Krishna Dutt Awasthi Counsel for Opposite Party :- G.A.,Ashutosh Kumar Mishra Hon'ble Neeraj Tiwari,J.

¶1Heard Shri Krishna Dutt Awasthi, learned counsel for the applicants, learned A.G.A. for the State and Shri Ashutosh Kumar Mishra, learned counsel for the opposite party No.2.

¶2The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No.641 of 2015 (State Vs. Gayasuddin and others), arising out of Case Crime No.541 of 2015, under Sections-147, 148, 149, 323 and 324 I.P.C., Police Station-Sahaswan, District-Budaun, pending in the court of Judicial Magistrate, Sahaswan Budaun in terms of compromise done between the parties.

¶3Learned counsel for the applicant submits that now parties have entered into compromise on 09.10.2020, 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 :- 29.11.2023 Amit/- High Court of Judicature at Allahabad