Adil Khan and 2 Others v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 34599 of 2023 Applicant :- Adil Khan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prakash Sharma Counsel for Opposite Party :- G.A.,Chandra Prakash Misra Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicants, learned AGA for the State and Sri Chandra Prakash Misra, learned counsel for opposite party no. 2.

¶2The present application under section 482 Cr.P.C. has been filed for quashing the charge sheet dated 31.3.2023, cognizance/summoning order dated 20.7.2023 as well as entire proceeding of Criminal Case No.16020 of 2023 (State of U.P. vs. Adil Khan & others) arising out Case Crime No.81 of 2023, under Sections-323, 325, 504, 308 IPC, Police Station-Khadda, District-Kushinagar.

¶3Learned counsel for the applicants submitted that now parties have entered into compromise. He further submitted that due to intervention of respectable persons, compromise has been taken place between the parties on 18.8.2023 and same was also filed before the trial Court. He lastly submitted that in light of compromise, present proceeding may be quashed.

¶4Sri Chandra Prakash Misra, 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.

¶5Learned AGA has also not disputed the aforesaid facts.

¶6In 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.

¶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. No order as to costs. Order Date :- 30.11.2023 Junaid High Court of Judicature at Allahabad