Rehan Ahmad And 2 Others vs State Of U.P. And Another
2023 Latest Caselaw 20249 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:154693
 
Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 6668 of 2018
 

 
Applicant :- Rehan Ahmad And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sunil Kumar Pathak,Balbeer Singh,Mithilesh Kumar Shukla
 
Counsel for Opposite Party :- G.A.,Pintu Tiwari
 

 
Hon'ble Neeraj Tiwari,J.

1. Heard Sri Mithilesh Kumar Shukla alongwith Sri Balbeer Singh, learned counsels for the applicants, learned A.G.A. for the State and Pintu Tiwari. learned counsel for the opposite party No. 2.

2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No. 21426 of 2016, arising out of N.C.R. No. 127 of 2014, under Sections- 323, 504, 506 I.P.C., Police Station- New Agra, District- Agra, pending in the court of learned Chief Judicial Magistrate, Agra.

3. Today, Sri Imran Ali, opposite party No. 2, duly identified by his counsel is present before the Court and his sign has also been taken on the order sheet.

4. Learned counsel for the applicants submitted that this Court vide order dated 02.08.2023 passed in Application U/S 482 No. - 32862 of 2018(Rehan And 5 Others Vs. State of U.P. and Another) has allowed the application and quashed the criminal proceeding against the applicants in light of compromise entered between the parties.

5. He next submitted that as this case is also between the same parties as in Application U/S 482 No. - 32862 of 2018, therefore, this application may also be allowed on the same terms and conditions and criminal proceeding against the applicants may be quashed.

6. Learned counsel for the opposite party No. 2 has not object the aforesaid fact and submitted that in case criminal proceeding against the applicants are quashed, he would have no objection.

7. In view of the facts and circumstances of the case, 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.

8. 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 Bureau 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 is hereby quashed.

9. The present application is, accordingly allowed.

10. No order as to costs.

Order Date :- 2.8.2023

ADY