Maqsood Shah vs State Of U.P.
2021 Latest Caselaw 9799 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- APPLICATION U/S 482 No. - 13352 of 2021
 

 
Applicant :- Maqsood Shah
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Krishna Gopal
 

 
Hon'ble Rajiv Gupta,J.

Heard learned counsel for applicant, learned AGA for the State and Sri Devashish, learned counsel for opposite party no. 2.

This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the entire proceedings as well as charge sheet dated 13.5.2021 and summoning order dated 21.1.2020, arising out of case crime no. 276 of 2019, under section 452, 323, 504, 506 I.P.C. P.S. Baheri, District Bareilly, pending in the court of Judicial Magistrate Baheri, Bareilly.

Learned counsel for the applicant has submitted that on account of minor skirmish the present criminal case was initiated against the applicant. However, subsequently with the intervention of respected members of both family they have amicably settled their disputes and differences in order to maintain cordial and harmonious relations between them.

Learned counsel for the applicant has further submitted that in view of the aforesaid facts the proceedings of present case be quashed.

Learned counsel for O.P. No.2 has filed an affidavit of first informant in which he has stated that all the disputes and differences has already been settled between parties and in order to maintain cordial and harmonious relations between them, he has no objection if the entire proceedings of the present case are quashed.

This Court is not unmindful of the judgment of the Apex Court in the case of Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466 where the Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. And another [2013 (83) ACC 278], in which the law expounded by the Apex court in the aforesaid case has been explained in detail.

Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned case.

Accordingly, the proceedings of charge sheet dated 13.5.2021, arising out of case crime no. 276 of 2019, under section 452, 323, 504, 506 I.P.C. P.S. Baheri, District Bareilly, pending in the court of Judicial Magistrate Baheri, Bareilly. are hereby quashed.

The application is, accordingly, allowed. There shall be no order as to costs.

Order Date :- 6.8.2021

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