Haji Julfikar and 5 Others v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 43795 of 2023 Applicant :- Haji Julfikar And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Subhash Chandra Pandey,Kamlesh Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicants and learned AGA for the State.

¶2Learned counsel for the applicants submitted that earlier he has filed Application U/S 482 No. 22962 of 2022 before this Court in which this Court vide order dated 21.08.2023 referred the matter for verification.

¶3In compliance of order dated 21.08.2023, learned Chief Judicial Magistrate, Moradabad has verified the said compromise deed entered between the parties on 12.10.2023.

¶4Learned AGA for the State has also not disputed the aforesaid facts.

¶5In view of above, 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.

¶6Thus 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, entire proceeding of Case No.4055/9 of 2022, arising out of Case Crime No.1642 of 2020, under Sections 420, 467, 468, 471, 120-B IPC and Section 12(1)(B) Passport Act, 1967, Police Station Civil Lines, District Moradabad are hereby quashed.

¶7The present application is, accordingly allowed. No order as to costs.

¶8As the application is being allowed at the fresh stage, if there is concealment of any fact, it is open for opposite party No. 2 to file recall application. Order Date :- 13.12.2023 ADY High Court of Judicature at Allahabad