Ankit Gihar and 5 Others v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 43853 of 2023 Applicant :- Ankit Gihar And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Saurabh Tripathi Counsel for Opposite Party :- G.A.,Shailesh Kumar Hon'ble Neeraj Tiwari,J.

¶1Sri Shailesh Kumar, learned counsel for the opposite party No. 2 has filed counter affidavit, which is taken on record.

¶2Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Shailesh Kumar, learned counsel for the opposite party No. 2.

¶3The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 16.12.2020, cognizance order dated

22.06.2021 as well as entire proceedings of Case No. 2389 of 2021(State of U.P. Vs. Ankit Gihar and others), arising out of Case Crime No. 729 of 2020, under Sections-147, 452, 323, 504 I.P.C., Police Station-Kotwali, District-Kannauj on the basis of compromise.

¶4Learned counsel for the applicants submitted that parties have entered into compromise on 01.08.2023 and same has also been filed before the trial Court. He next submitted that said compromise has also been verified by the trial Court vide order dated 04.08.2023. He next submitted that this fact may be verified from the counter affidavit filed by opposite party No. 2. He next submitted that in light of compromise entered between the parties, present criminal proceeding against the applicants may be quashed.

¶5Learned A.G.A. could not dispute the aforesaid facts.

¶6Learned counsel for the opposite party No. 2 has filed counter affidavit, in which he has supported the case of the applicants and submitted that in case proceedings against the applicants is quashed, he would have no objection.

¶7In 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.

¶8Thus 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.

¶9The present application is, accordingly allowed.

¶10No order as to costs. Order Date :- 1.12.2023 ADY High Court of Judicature at Allahabad