Man Singh and 2 Others v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 34470 of 2023 Applicant :- Man Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vipin Chandra Pandey Counsel for Opposite Party :- G.A.,Vijay Tripathi Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicants, learned AGA for the State and Sri Vijay Tripathi, learned counsel for opposite party No.

2.

¶2The present application under section 482 Cr.P.C. has been filed for quashing the order dated dated 10.08.2023 in Case No. 18746 of 2023, arising out of Case Crime No. 10 of 2023 (State vs. Man Singh & others), under Sections 323, 325, 452, 504 IPC, P.S. -Kiravali, District -Agra, pending in the Court of Additional Chief Judicial Magistrate, Court No. 1, Agra.

¶3Learned counsel for applicants submitted that applicants and opposite party No. 2 are resident of same village and an scuffle took place between them, due to which, criminal proceeding have been initiated from both the sides. Ultimately, parties have entered into compromise and no dispute is remain between them as on date. Therefore, in light of compromise, present proceeding may be quashed.

¶4Sri Vijay Tripathi, learned counsel for opposite party No. 2 has not disputed the aforesaid facts and submitted that in case present proceeding 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 :- 12.10.2023 Sartaj High Court of Judicature at Allahabad