Shakeel Ahmad v. State of U.P.And Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 3478 of 2020 Applicant :- Shakeel Ahmad Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Mohd. Aslam Khan Counsel for Opposite Party :- G.A.,Ravi Shankar Yadav Hon'ble Neeraj Tiwari,J.

¶1Supplementary affidavit filed today, is taken on record.

¶2Heard learned counsel for the applicant, learned AGA and Sri Ravi Shankar Yadav, learned counsel for opposite party no. 2.

¶3The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 15.9.2019 as well as the entire proceedings of Criminal Case No. 1312 of 2019 (State Vs.Shakeel Ahmad and another), arising out of Case Crime No. 702/2018, under Sections-420, 467, 468, 471, 120B I.P.C., Police Station-Chandpur, District-Bijnor, pending in the court of Civil Judge (J.D.)/ Judicial Magistrate, Chandpur Bijnor.

¶4Case was heard on 11.5.2023 and Court has passed following order; "Learned counsel for the applicant and learned counsel for the opposite party no.2 are present. Learned counsel for the applicant has drawn the attention of this Court towards the certified copy of the compromise deed, which is appended with the application dated 22.02.2023 whereby the parties are said to have arrived at a compromise as the dispute is personal and the compromise between the parties would not affect the society adversely. Some of the sections involved are non-compoundable, hence, prayer is made that compromise between the parties be get verified by the trial court so that he may be placed before the Court. The parties are directed to appear before the trial court within 15 days from today along with their compromise deed. If the parties appear before the trial court within the time stipulated, the trial court shall verify the said compromise deed, pass a verification order thereon and transmit a certified copy of the verified compromise deed along with the certified copy of the verification order passed thereon to this Court within 15 days thereafter. List on 12.07.2023. "

¶5Learned counsel for the applicant submitted that in compliance of the order dated 11.5.2023, compromise was verified by the Trial Court vide order dated 20.5.2023. Certified copy of same has been annexed along with supplementary affidavit. He next submitted that in light of compromise, present criminal proceeding may be quashed.

¶6Sri Ravi Shankar Yadav, learned counsel for the opposite party no.2 has not objected the aforesaid fact and submitted that in case proceedings is quashed, he would have no objection.

¶7In 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.

¶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. No order as to costs. Order Date :- 1.11.2023 Arvind High Court of Judicature at Allahabad