Ganesh v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 45426 of 2023 Applicant :- Ganesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar,Mahesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

¶1Compromise affidavit along with Vakalatnama filed by Shri Dinesh Yadav, Advocate on behalf of the opposite party No.2 is taken on record.

¶2Heard Shri Mahesh Kumar Yadav, learned counsel for the applicant, learned A.G.A. for the State and Shri Dinesh Yadav, learned counsel for the opposite party No.2.

¶3The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 12.05.2017, summoning order dated

31.05.2017 as well as entire proceedings of Special Case No.36 of 2017, arising out of Case Crime No.111 of 2017, under Sections 363, 366 I.P.C. and Section 7/8 of POCSO Act, Police Station Ronapar, District Azamgarh, in terms of compromise done between the parties.

¶4Learned counsel for the applicant submits that now parties have entered into compromise on 15.11.2023. He further submits that parties have settled the dispute out side the Court and have filed their joint compromise and opposite party No.2 does not want to prosecute the applicant any further. This fact may also be verified from the joint affidavit filed today. He next submits that in light of compromise between the parties, the criminal proceeding against the applicants may be quashed.

¶5Learned counsel for the opposite party No. 2 has filed affidavit in support of application, in which is has not objected the aforesaid facts and submitted that in case proceedings against the applicants is quashed, he would have no objection.

¶6Learned A.G.A. could not dispute the aforesaid facts.

¶7In 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.

¶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. Order Date :- 13.12.2023 Amit High Court of Judicature at Allahabad