Intezar Ahmad And 2 Others vs State Of U.P. And Another
2023 Latest Caselaw 20223 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:154775
 
Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 16614 of 2021
 

 
Applicant :- Intezar Ahmad And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Mohammad Waseem
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the applicants and learned AGA for the State.

Case was heard on 24.9.2021, Court has passed the following order:-

"Heard learned counsel for the applicant and learned A.G.A. for the State.

The present 482 Cr.P.C. application has been filed praying for quashing of charge sheet dated 23.9.2019 in Case No. 2036 of 2019 arising out of Case Crime No. 242 of 2019, u/s 498A, 323, 506 I.P.C. and 3/4 D.P. Act, P.S. Sheeshgarh, District Bareilly (State vs. Intezar Ahmad and others), pending before Judicial Magistrate, Baheri, Bareilly.

Learned counsel for the applicant submits that since the charge sheet has been issued, the parties have reconciled their differences and a compromise has been entered between them which has been reduced in writing.

Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the dispute.

Accordingly, it is provided that the parties shall appear before the court below along with a certified/computer generated copy of this order and original compromise on the next date fixed and be permitted to file an application for verification of the original compromise document. It is expected that the trial court may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order with respect to the verification within a period of two months from today. Upon due verification, the court below may pass appropriate order in that regard and send a report to this Court.

List after two months.

Till then no coercive measure shall be taken against the applicant."

Pursuant to the order of this Court dated 24.9.2021, learned Judicial Magistrate, Baheri, Bareilly has submitted its report on 8.10.2021 verifying the compromise deed entered between the parties.

Learned AGA has not disputed the aforesaid facts and also submitted that in case aforesaid proceeding is quashed, he would have no objection.

In view of above, the applicants and opposite party 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), charge sheet dated 23.9.2019 in Case No. 2036 of 2019 arising out of Case Crime No. 242 of 2019, u/s 498A, 323, 506 I.P.C. and 3/4 D.P. Act, P.S. Sheeshgarh, District Bareilly is hereby quashed.

The present application is, accordingly allowed. No order as to costs.

Order Date :- 2.8.2023

Junaid