Mahraj Singh and 4 Others v. State of U.P. and 2 Others

Court No. - 87 Case :- APPLICATION U/S 482 No. - 42198 of 2023 Applicant :- Mahraj Singh And 4 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicants, learned A.G.A. for the State and learned counsel for the opposite party No.2.

¶2The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 31.12.2023 as well as entire proceeding of Criminal Case No.4051 of 2023, arising out of Case Crime No.0142 of 2021, under Sections 147, 148, 149, 323, 336, 308 and 504 I.P.C., Police Station-Falawada, District Meerut on the basis of compromise dated 05.10.2023.

¶3The case was heard on 17.11.2023 and the Court has passed the following order:- "1. Heard learned counsel for the applicant, learned A.G.A. for the State.

¶2The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 31.12.2023 as well as entire proceeding of Criminal Case No.4051 of 2023, arising out of Case Crime No.0142 of 2021, under Sections 147, 148, 149, 323, 336, 308 and 504 I.P.C., Police Station-Falawada, District Meerut on the basis of compromise dated 05.10.2023.

¶3Learned counsel for the applicants submits that now parties have entered into compromise, therefore, this Court may please to quash the proceeding for which, learned A.G.A. has no objection.

¶4Under such facts and circumstances, learned counsel for the applicants is directed to file compromise alongwith application before the trial Court for verification. In case any such application is filed alongwith compromise deed within two weeks from today, trial court shall fix a date for the verification of the compromise entered into between the parties within four weeks and after verification of compromise, trial Court shall send a report to this Court forthwith.

¶5List this case on 01.12.2023.

¶6Till then, no coercive action shall be taken against the applicants. "

¶4Pursuant to order dated 17.11.2023, compromise has been verified by the trial Court vide order dated 23.11.2023 and the same has been received to this Court from Judicial Magistrate/Civil Judge (Junior Division)/ FTC. Meerut, vide letter dated 27.11.2023.

¶5Learned counsel for the opposite party No. 2 has filed short counter affidavit, in which he has not objected the aforesaid facts and submitted that in case proceedings against the applicants is quashed, he would have no objection.

¶6Learned A.G.A. has also not disputed the aforesaid facts.

¶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. Order Date :- 1.12.2023 Amit/- High Court of Judicature at Allahabad High Court of Judicature at Allahabad