Laxmi Narayan Bajoria And 8 Others vs State Of U.P. And Another
2022 Latest Caselaw 7748 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 86
 

 
Case :- APPLICATION U/S 482 No. - 20154 of 2022
 

 
Applicant :- Laxmi Narayan Bajoria And 8 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Atharva Dixit,Praveen Kumar Singh,Sr. Advocate
 
Counsel for Opposite Party :- G.A.,Ankit Kapoor
 

 
Hon'ble Shree Prakash Singh,J.

Short counter affidavit filed today by learned counsel for opposite party no. 2 is taken on record.

Heard Sri Manish Tiwari, learned Senior Advocate assisted by Sri Praveen Kumar Singh, learned counsel for the applicants, Sri Ankit Kapoor, learned counsel for the opposite party no. 2, learned A.G.A for the State and perused the record.

The instant application has been filed by the applicants praying for quashing the charge-sheet dated 27.3.2021 and cognizance order dated 28.06.2020 as well as entire proceeding of Case No. 9520 of 2022 (State of U.P. vs. Laxmi Narayan Bajoria and others) arising out of Case Crime No. 0059 of 2020 under Sections 406, 419, 420, 467, 468, 471, 120-B, 34, 504 and 506 I.P.C., police station Sigra, District Varanasi pending in the court of Chief Judicial Magistrate, Varanasi as well as to stay the further proceeding of the aforesaid case.

Learned counsel for the applicants submits that the amount in question was paid to opposite party no. 2 and full and final settlement has been done in between the parties and they have entered into compromise.

On the other hand, learned counsel appearing on behalf of opposite party no. 2 is agreed to statement made by learned counsel for the applicants and has drawn the attention of the Court towards para-6 of his short counter affidavit filed today and submitted that the parties have settled their dispute in terms of Memorandum of Understanding/settlement and opposite party no. 2 has received part of agreed amount in question and also the remaining part vide demand draft and no dispute remain further. He further submits that opposite party no. 2 does not wish to proceed further with the present case and he has no objection, in case, the application is allowed and the proceedings of this case is quashed.

In view of the submissions so made by learned counsel for the parties and taking into account that the parties do not want to pursue the case any further as stated by them and as the matter is purely of personal nature, which has been mutually settled between the parties in view of the compromise, therefore, no useful purpose would be served in proceeding with the matter further.

Thus, in view of the well settled principles 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 Judgment of the Apex Court reported in J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another), the entire proceedings of Case No. 9520 of 2022 (State of U.P. vs. Laxmi Narayan Bajoria and others) arising out of Case Crime No. 0059 of 2020 under Sections 406, 419, 420, 467, 468, 471, 120-B, 34, 504 and 506 I.P.C., police station Sigra, District Varanasi is, hereby, set aside.

The Memorandum of Understanding/settlement dated 25.06.2022 filed along with short counter affidavit shall be the part of this order.

The present application is, accordingly, allowed.

Order Date :- 22.7.2022

Shiraz