Usman and 3 Others v. State of U.P. and 3 Others

Court No. - 87 Case :- APPLICATION U/S 482 No. - 43801 of 2023 Applicant :- Usman And 3 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ayush Srivastava,Sushil Kumar Pandey Counsel for Opposite Party :- G.A.,Sanjay Kr. Srivastava Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicants and learned A.G.A. for the State and Sri Rahul Kumar Tiwari, Advocate, holding brief of Sri Sanjay Kr. Srivastava, learned counsel for the opposite party Nos. 2 to 4.

¶2The present 482 Cr.P.C. application has been filed to quash the proceeding of Case No. 940 of 2016 (State Vs. Usman & others), Case Crime No. 590 of 2015, U/s 323, 324, 504, 506 of IPC, P.S.- Partapur, District-Meerut, pending before the court of learned Addl. Session Judge, Court No. 4, Meerat as well as charge sheet dated 2.4.2016 including its order of cognizance dated 7.05.2016 in terms of compromise.

¶3Learned counsel for the applicants submitted that applicants and opposite party Nos. 2 to 4 are residents of same village. He next submitted that good sense prevailed and ultimately, parties entered into compromise on 17.02.2023. He next submitted that in light of compromise entered between the parties, criminal proceedings against the applicants may be quashed.

¶4Learned A.G.A. could not dispute the aforesaid facts.

¶5Sri Rahul Kumar Tiwari, Advocate, holding brief of Sri Sanjay Kr. Srivastava, learned counsel for the opposite party Nos. 2 to 4 has not objected the aforesaid facts and submitted that in case proceedings against the applicants is quashed, he would have no objection.

¶6In 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.

¶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.

¶9No order as to costs. Order Date :- 13.12.2023 ADY High Court of Judicature at Allahabad