Khalik Ahmad @ Khalik and 2 Others v. State of U.P. and 2 Others

Court No. - 87 Case :- APPLICATION U/S 482 No. - 33427 of 2023 Applicant :- Khalik Ahmad @ Khalik And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Abhijat Awasthi,Abu Bakht Counsel for Opposite Party :- G.A.,Neeraj Srivastava Hon'ble Neeraj Tiwari,J.

¶1Second supplementary affidavit filed by learned counsel for the applicants and counter affidavit filed by learned counsel for the opposite party Nos. 2 & 3 are taken on record.

¶2Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Neeraj Srivastava, learned counsel for the opposite party Nos. 2 & 3.

¶3The present 482 Cr.P.C. application has been filed to quash the charge sheet No. 267 of 2018 dated 23.09.2018, cognizance/summoning order dated 22.12.2018 as well as entire proceedings of Session Trial No. 10658 of 2018(State Vs. Khalik & others), arising out of Case Crime No. 327 of 2018, under Sections-452, 323, 504, 506, 427 & 354 I.P.C., Police Station-Didauli, District-Amroha(J.P. Nagar), pending in the court of learned Chief Judicial Magistrate, District-Amroha(J.P. Nagar).

¶4Learned counsel for the applicants submitted that applicants and opposite party Nos. 2 & 3 are residents of the same village and ultimately, they have entered into compromise. He next submitted that this fact has also not been disputed in the counter affidavit filed by opposite party Nos. 2 & 3. He next submitted that in light of compromise entered between the parties, criminal proceeding against the applicants may be quashed.

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

¶6Learned counsel for the opposite party Nos. 2 & 3 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 nos. 2 & 3 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 :- 7.12.2023 ADY High Court of Judicature at Allahabad