Riyaz Ahmad v. State of U.P. Through Secretary Home and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 38667 of 2023 Applicant :- Riyaz Ahmad Opposite Party :- State Of U.P. Through Secretary Home And Another Counsel for Applicant :- Rampyare Lal Srivastava Counsel for Opposite Party :- G.A.,Pawan Kumar,Subash Chandra Srivastava Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicant, learned AGA for the State, Shri Subhash Chandra Srivastava, learned counsel for the opposite party no.2 and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed with the prayer to quash the further proceedings of Case No. 3420 of 2019 (State Vs. Tasmuddin and others) arising out of Case Crime No. 249 of 2018, under Sections 419, 420, 467, 468 IPC, Police Station-Nebua Naurangiya, District-Kushinagar, pending in the court of Judicial Magistrate, Kushinagar at Padrauna.

¶3Learned counsel for the applicant has submitted that on account of property dispute, the present criminal case has been instituted against the applicant, however with the intervention of respected members of both the family and society, applicant-Riyaz Ahmad and opposite party No. 2 have amicably and genuinely settled all their disputes and differences and now they do not have any grievance against each other.

¶4Learned counsel for the applicant has next drawn the attention of the Court to a settlement-agreement dated

24.7.2023 drawn between the parties, a copy of which has been annexed as Annexure No. 3 to this application.

¶5Learned counsel for the applicant has next submitted that in view of the compromise made between the parties and in order to maintain harmonious and cordial relations between them, entire proceedings be quashed against the applicant-Riyaz Ahmad.

¶6Learned counsel for the opposite party no.2 has also appeared and has filed an affidavit on behalf of opposite party No. 2 and in paragraph-9 of the said affidavit, the said compromise dated

24.7.2023 has been acknowledged. It is further submitted, on instructions, that opposite party No. 2 has no objection if the entire proceedings are quashed as against applicant-Riyaz Ahmad.

¶7Learned AGA could not dispute the aforesaid facts

¶8This Court is not unmindful of the judgement of the Hon'ble Apex Court in the case of Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688, wherein Hon'ble Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and another [2013 (83) ACC 278], in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.

¶9Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned case.

¶10Accordingly, the further proceedings of Case No. 3420 of 2019 (State Vs. Tasmuddin and others) arising out of Case Crime No. 249 of 2018, under Sections 419, 420, 467, 468 IPC, Police Station-Nebua Naurangiya, District-Kushinagar, pending in the court of Judicial Magistrate, Kushinagar at Padrauna, are hereby quashed as against applicant-Riyaz Ahmad only.

11.This application under Section 482 CrPC is accordingly allowed. Order Date :- 30.11.2023 KU High Court of Judicature at Allahabad