Keshar Dev Parikh @ Baba Parikh And ... vs State Of U.P. And Another
2022 Latest Caselaw 10387 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 64
 

 
Case :- APPLICATION U/S 482 No. - 24597 of 2017
 

 
Applicant :- Keshar Dev Parikh @ Baba Parikh And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ashutosh Kumar Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Arvind Kumar Mishra-I,J.

Learned counsel for the applicants has filed supplementary affidavit, the same is taken on record.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material brought on record of this application.

The present 482 Cr.P.C. application has been filed to quash the entire proceedings pending against the applicants before Additional Chief Judicial Magistrate, court no.2, Ghaziabad in Criminal Case No.3432 of 2017, under Sections 420, 467, 468, 471, 406, 452, 323, 504, 506 and 120-B IPC, P.S. Vijay Nagar, District Ghaziabad arising out of case crime no.1691 of 2016 and bailable warrant order dated 11.07.2017 passed by ACJM, court no.2, Ghaziabad.

Learned counsel for the applicant has engaged attention of this Court on Annexure No.1 of the supplementary affidavit (order of the court below dated 09.01.2020) of the affidavit filed in support of this application, wherein it has been specified categorically that the dispute has been settled between both the parties and they have resolved their differences amicably. It is thus, argued that the continuance of the criminal proceedings against the applicants is bad in law. Learned counsel for the applicants has placed reliance in the matter reported as (2014) 6 SCC 466 in the matter of Narinder Singh and others Vs. State of Punjab and another in support of his contention.

Learned A.G.A. also does not dispute the fact of compromise and has stated that in view of the compromise he does not want to pursue the matter any further.

The dispute has been amicably settled between the parties, no useful purpose would be served in keeping the petition pending.

Thus, in view of the well settled principles of law as laid down by the Judgement of the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana) as well as the Judgment of the Hon'ble Apex Court reported in JT 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another), the entire proceedings pending against the applicants before Additional Chief Judicial Magistrate, court no.2, Ghaziabad in Criminal Case No.3432 of 2017, under Sections 420, 467, 468, 471, 406, 452, 323, 504, 506 and 120-B IPC, P.S. Vijay Nagar, District Ghaziabad arising out of case crime no.1691 of 2016 and bailable warrant order dated 11.07.2017 passed by ACJM, court no.2, Ghaziabad, is hereby quashed.

The instant application is, accordingly, allowed.

Order Date :- 17.8.2022

Raj