Anjani Kumar Singh vs State Of U.P. And Another
2021 Latest Caselaw 592 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 69
 

 
Case :- CRIMINAL REVISION No. - 5095 of 2005
 

 
Revisionist :- Anjani Kumar Singh
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Shri Prakash Dwivedi
 
Counsel for Opposite Party :- Govt. Advocate,P. Singh
 

 
Hon'ble Neeraj Tiwari,J.

Supplementary and counter affidavits filed today be taken on record.

Heard learned counsel for the revisionist, learned AGA for the State and Sri Rajendra Kumar, learned counsel for opposite party no. 2.

The present revision has been filed for quashing the summoning order dated 2.8.2005 passed by learned Chief Judicial Magistrate, Mirzapur in Case No. 2171 of 2004, under Sections 323/504 IPC & Section 3(1) 10 of S.C./S.T. Act, Police Station Kotwali Shahr, District- Mirzapur.

Learned counsel for the revisionist submitted that under some misunderstanding, a complaint has been filed and ultimately parties have entered into compromise and no dispute is remain between the parties as on date. It is next submitted that even in the present matter, counter affidavit has also been filed by opposite party no. 2, in which facts of compromise has been accepted by opposite party no. 2. It is lastly submitted that in light of compromise as well as counter affidavit filed by opposite party no. 2, present proceeding may be quashed.

Sri Rajendra Kumar, learned counsel for opposite party no. 2 has supported the case of the revisionist on the basis of counter affidavit. He further submitted that in case this Court is pleased to quash the criminal proceeding pending against the revisionist, he has no objection.

In view of above, the revisionist and respondents 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.

Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi) Vs. State of Haryana) as well as the judgement of the Apex Court reported in J.T. 2008(() SC 192 (Nikhil Merchant Vs. Central Burea of Investigation and another), as well as judgment of the Apex Court reported in (2012) 10 SCC 303 (Gian Singh Vs. Stated of Punjab) and reported in (2014) Supreme Today 642 (Narinder Singh & others Vs. State of Punjab and another), the proceedings of the aforesaid case as well as summoning order dated 2.8.2005 is hereby quashed.

The criminal revision is, accordingly allowed.

Order Date :- 11.1.2021

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