Akhilesh and 6 Others v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 45434 of 2023 Applicant :- Akhilesh And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ganesh Shanker Srivastava,Vinod Kumar Maurya 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. 31769 of 2023 before this Court in which this Court vide order dated 28.8.2023 referred the matter for verification.

¶3In compliance of order dated 28.8.2023, learned trial Court has verified the said compromise deed entered between the parties on

30.9.2023.

¶4Learned AGA has not disputed the aforesaid facts and also submitted that in case aforesaid proceeding is quashed, he would have no objection.

¶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 proceedings of ST No.106 of 2022, charge sheet dated 18.11.2022, under Sections-354, 504, 506 I.P.C. and Section 7/8 of POCSO Act, Police Station-Tanda, District-Rampur against applicant nos.1 to 6 and cognizance/summoning order dated 19.11.2022 in ST No.113 of 2022 and supplementary charge sheet dated 23.11.2022 and cognizance/summoning order dated 12.12.2022 under Sections 354, 504, 506 I.P.C. and Section 7/8 of POCSO Act against applicant No.7 arising out of Case Crime No.456 of 2022, pending in the court of Special Judge, POCSO Act, Rampur are hereby quashed.

¶7The present application is, accordingly allowed. No order as to costs. Order Date :- 13.12.2023 Junaid/Amit High Court of Judicature at Allahabad