Allahabad High Court
Sheru@ Avneesh Kumar And Another vs State Of U.P. And 2 Others on 3 August, 2023
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:155836
Court No. - 87
Case :- APPLICATION U/S 482 No. - 21258 of 2023
Applicant :- Sheru@ Avneesh Kumar And Another
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Vikas Tiwari,Ashutosh Chaubey
Counsel for Opposite Party :- G.A.,Ravindra Singh
Hon'ble Neeraj Tiwari,J.
1. Short counter affidavit filed by opposite party no. 2, is taken on record.
2. Heard learned counsel for the applicants, learned AGA for the State and Sri Ravindra Singh, learned counsel for the opposite party no.2.
3. The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 24.2.2022 as well as summoning order dated 02.03.2023 and entire proceedings of Case No. 11902 of 2023 (State vs. Sheru @ Avneesh Kumar and others) arising out of Case Crime No. 1357 of 2020, under Sections 308, 323, 336, 452, 504 IPC, Police Station Civil Lines, District Moradabad, pending in the court of Chief Judicial Magistrate, Moradabad.
4. Case was heard on 13.6.2023, Court has passed the following order:-
"Heard learned counsel for the applicants, learned AGA for the State and perused the record.
The instant application under Section 482 Cr.P.C. has been filed by the applicants to quash/stay the charge-sheet dated 24.2.2022 as well as summoning order dated 02.03.2023 and entire proceedings of Case No. 11902 of 2023 (State vs. Sheru @ Avneesh Kumar and others) arising out of Case Crime No. 1357 of 2020, under Sections 308, 323, 336, 452, 504 IPC, Police Station Civil Lines, District Moradabad, pending in the court of Chief Judicial Magistrate, Moradabad.
It is contended that parties have settled the dispute amongst themselves. Let them appear before the court below and file a proper compromise mentioning all the matters pending between them. Such compromise shall be filed within a period of three weeks form today and it shall be verified from the court concerned on or before 12.07.2023.
The court concerned shall send a report along with a copy of verified compromise on or before the next date fixed in the case i.e., 27.07.2023.
Put up this matter as fresh on 27.07.2023 alongwith Application u/s 482 Cr.P.C. No. 21259 of 2023 (Prem Singh and 4 others vs. State of U.P. and another).
Till the next date of listing, no coercive action shall be taken against the applicants in Case Crime No. 1357 of 2020, under Sections 308, 323, 336, 452, 504 IPC, Police Station Civil Lines, District Moradabad, pending in the court of Chief Judicial Magistrate, Moradabad."
5. Pursuant to the order of this Court dated 13.6.2023, learned C.J.M., Moradabad has submitted its report on 20.7.2023 verifying the compromise deed entered into between the parties.
6. Learned counsel for the applicants submitted that in light of verification report dated 20.7.2023 as well as facts mentioned in the short counter affidavit, present proceeding may be quashed.
7. Sri Ravindra Singh, learned counsel for the opposite party no. 2 has not objected the aforesaid fact by filing short counter affidavit and submitted that in case proceedings is quashed, he would have no objection.
8. 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.
9. 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), the proceedings of the aforesaid case is hereby quashed.
10. The present application is, accordingly allowed. No order as to costs.
Order Date :- 3.8.2023
Arvind
