Sunil Kumar and 4 Others v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 31347 of 2016 Applicant :- Sunil Kumar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Srivastava,Parvesh Kumar Pandey,Sunil Kumar Singh Counsel for Opposite Party :- G.A.,Anil Kumar Pal Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicants and learned A.G.A. for the State.

¶2The present 482 Cr.P.C. application has been filed to quash the cognizance order dated 27.09.2016 as well as entire proceedings of Case No. 2141 of 2016 (State Vs. Sunil Kumar and others), arising out of case crime No. 58 of 2016, under Sections-498A, 323, 504 I.P.C. & 3/4 D.P. Act, Police Station-Mahila Thana, District-J.P. Nagar(Amroha).

¶3Learned counsel for the applicants submitted that applicant No. 1 and opposite party No. 2 have entered into compromise and on the basis of compromise entered between the parties, applicant No. 1 filed another Application U/s 482 No. 9408 of 2020, arising out of same case crime number, i.e. 58 of 2016, which has been allowed by this Court vide order dated 17.11.2023 quashing the criminal proceeding against the applicant. He next submitted that in light of order of this Court dated 17.11.2023 passed in Application U/s 482 No. 9408 of 2020, criminal proceeding against the applicants may also be quashed.

¶4Learned A.G.A. has not objected the aforesaid facts.

¶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 :- 17.11.2023 ADY High Court of Judicature at Allahabad