Sachin Sharma Alias Sachin Sharma Dhiman and Another v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 42672 of 2023 Applicant :- Sachin Sharma Alias Sachin Sharma Dhiman And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhir Kumar Agarwal Counsel for Opposite Party :- G.A.,Gaurav Gupta Hon'ble Neeraj Tiwari,J.

¶1Heard Shri Sudhir Kumar Agarwal, learned counsel for the applicants, learned A.G.A. for the State and Shri Gaurav Gupta, learned counsel for the opposite party No.2.

¶2The present 482 Cr.P.C. application has been filed to quash the summoning order dated 06.06.2023 as well as entire proceedings of Case No.4470 of 2023 (State Vs. Sachin Sharma and another), arising out of Case Crime No.444 of 2022, under Sections-406, 420 and 506 I.P.C., Police Station-Katra, District-Shahjahanpur, pending in the Court of Additional Civil Judge (Junior Division), Tilhar, Shahjahanpur in terms of compromise done between the parties.

¶3Learned counsel for the applicant submits that present criminal proceeding is arising out of business transaction in between the parties. He next submits that now parties have entered into compromise on 14.10.2023 and draft of Rs.3 lac has also been given by the applicant to the opposite party No.2 before this Court, 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.

¶6Thus 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.

¶7The present application is, accordingly allowed. Order Date :- 30.11.2023 Amit/- High Court of Judicature at Allahabad