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Golu @ Ravi Prajapati and 2 Others v. State of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and Another

Allowed/Partly Allowed on merits/Granted
Court
High Court of Judicature at Allahabad
Decided
28 October 2023
Bench
Neeraj Tiwariauthor
Case no.
10521/2023

Judgment

Court No. - 21 Case :- APPLICATION U/S 482 No. - 10521 of 2023 Applicant :- Golu @ Ravi Prajapati And 2 Others Opposite Party :- State Of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. And Another Counsel for Applicant :- Saket Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicants, learned A.G.A. for the State and Shri Kapil Dev Chaubey, Advocate, who has filed his Vakalatanama on behalf of opposite party no.2, which is taken on record.

¶2The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 10.01.2017 filed in Criminal Case No. NCR No.147 of 2015, in Case Crime No. Nil, under Sections 323, 504 IPC, Police Station - Chinhut, District - Lucknow, pending in the Court of ACJM-III, Lucknow.

¶3Learned counsel for the applicants has submitted that pursuant to order dated 25.08.2023 passed by this Court in Application 482 No.8525 of 2023, compromise has been verified by the trial Court vide order dated 06.10.2023. He next submitted that in the light of compromise, present proceedings may be quashed.

¶4Learned counsel for the opposite party No. 2 has not objected the aforesaid facts and submitted that in case proceedings against the applicants is quashed, he would have no objection.

¶5In 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.

¶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, the proceedings of the aforesaid case is hereby quashed.

¶7The present application is, accordingly allowed.

¶8No order as to costs. Order Date :- 28.10.2023 KR High Court of Judicature at Allahabad, Lucknow Bench

Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.