Moin Hassan Siddiqui v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 39801 of 2023 Applicant :- Moin Hassan Siddiqui Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohd. Monis,Ejaz Ahmad Khan Counsel for Opposite Party :- G.A.,Mohd Javed Akhter Hon'ble Vinod Diwakar,J.

¶1Heard Mohd. Monis, learned counsel for the petitioner, Mohd. Javed Akhter, learned counsel for the opposite party no. 2, learned A.G.A. for the State and perused the entire record including the compromise verification report of the court concerned.

¶2This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Criminal Case No. 3341 of 2018 titled as State v. Moin Hasan Siddiqui arising out of Case Crime No. 101 of 2018, under Sections 406, 420, 467, 468, 471, 506 I.P.C., P.S. Husainganj, District Fatehpur, pending in the Court of Additional Chief Judicial Magistrate, Court No. 1, Fatehpur on the basis of compromise.

¶3It is submitted by learned counsel for the applicants that since parties had settled their dispute outside the court, therefore, they were directed to appear before the court concerned for verification of the compromise vide order dated 27.07.2023 passed by co-ordinate Bench of this Court in Application U/S 482 Cr.P.C. No. 27152 of 2023. In compliance thereof, parties appeared before the court below and got the compromise verified on 30.09.2023 by the court below. The certified copy of verification of compromise has been annexed as Annexure No. 5 to the application. It is further submitted that since parties have settled the dispute, and opposite party no.2 does not want to proceed with trial, therefore, no fruitful purpose would be served by keeping the matter pending.

¶4Learned counsel for opposite party no.2 submits that since the dispute between the parties has been settled, opposite party no.2 has no objection if the proceedings of the aforesaid case pending before the trial court is quashed.

¶5I have considered the submissions made by the learned counsel for the parties and have gone through the entire record.

¶6Since the dispute between the parties has been amicably settled, no fruitful purpose would be served by permitting to continue the criminal case pending before the trial court and it would simply a waste of judicial time as chances of conviction are very bleak and thus no fruitful purpose would be served.

¶7In view of the above, the application under Section 482 Cr.P.C. is allowed.

¶8The entire proceedings of Criminal Case No. 3341 of 2018 titled as State v. Moin Hasan Siddiqui arising out of Case Crime No. 101 of 2018, under Sections 406, 420, 467, 468, 471, 506 I.P.C., P.S. Husainganj, District Fatehpur, pending in the Court of Additional Chief Judicial Magistrate, Court No. 1, Fatehpur against the applicant, are hereby quashed. Order Date :- 4.12.2023 Shafique (Vinod Diwakar, J.) High Court of Judicature at Allahabad