Rameshwar Singh And 2 Others vs State Of U.P. And Another
2022 Latest Caselaw 10388 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 64
 

 
Case :- APPLICATION U/S 482 No. - 13966 of 2021
 

 
Applicant :- Rameshwar Singh And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Munna Tiwari
 
Counsel for Opposite Party :- G.A.,Sandeep Kumar Chaturvedi
 

 
Hon'ble Arvind Kumar Mishra-I,J.

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

Heard Sri Munna Tiwari, learned counsel for the applicants, learned counsel for respondent no.2, learned A.G.A. for the State-respondent and perused the material brought on record of this application.

The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 28.01.2018 in S.T. No.568 of 2018 arising out of case crime no.261 of 2017, under Sections 323, 504, 506, 352, 452 IPC and 3(1)10 SC/ST Act, Police Station- Kasia, District- Kushinagar, pending in the court of Special Judge SC/ST Act, Kushinagar at Padrauna.

Learned counsel for the applicant has engaged attention of this Court on Annexure No.1 of the supplementary 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.

Sri Sandeep Kumar Chaturvedi, learned counsel for the opposite party No.2 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 Judgment 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 proceeding along with charge sheet dated 28.01.2018 in S.T. No.568 of 2018 arising out of case crime no.261 of 2017, under Sections 323, 504, 506, 352, 452 IPC and 3(1)10 SC/ST Act, Police Station- Kasia, District- Kushinagar, pending in the court of Special Judge SC/ST Act, Kushinagar at Padrauna, is hereby quashed.

The instant application is, accordingly, allowed.

Order Date :- 17.8.2022

Raj