Anil Kumar v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 43809 of 2023 Applicant :- Anil Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhanshu Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

¶1Sri Gaurav Gupta, Advocate, put in appearance on behalf of opposite party No. 2 as filed vakalatnama, which is taken on record.

¶2Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Gaurav Gupta, learned counsel for the opposite party No. 2.

¶3The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No. 3324 of 2019, arising out of case crime No. 249 of 2018 (State Vs. Prem Bansal and others), under Section-420, 406 IPC, Police Station-Manglapur, District-Kanpur Dehat together with impugned charge-sheet dated 21.06.2019 and impugned cognizance order dated 30.09.2019 on the basis of compromise.

¶4Learned counsel for the applicant submitted that present case is arising out of dispute between the parties for payment of certain amount. He next submitted that now applicant has paid the amount in question to opposite party No. 2 and both the parties have entered into compromise on 12.10.2023. He next submitted that in light of compromise entered between the parties, criminal proceeding against the applicant may be quashed.

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

¶6Learned counsel for the opposite party No. 2 has not objected the aforesaid facts and submitted that in case proceedings against the applicant is quashed, he would have no objection.

¶7In view of the facts and circumstances of the case, the applicant 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.

¶10No order as to costs. Order Date :- 13.12.2023 ADY High Court of Judicature at Allahabad