Baleshwar Singh And 4 Others vs State Of U.P. And Another
2023 Latest Caselaw 20574 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:156031
 
Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 18035 of 2021
 

 
Applicant :- Baleshwar Singh And 4 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ramesh Kumar Mishra
 
Counsel for Opposite Party :- G.A.,Rajesh Kumar
 

 
Hon'ble Neeraj Tiwari,J.

1. Short counter affidavit filed today is taken on record.

2. Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Rajesh Kumar, 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 20.03.2015 as well as entire proceedings of Criminal Case No. 1894 of 2017(State of Uttar Pradesh Vs. Baleshwar Singh & others), arising out of Case Crime No. 552 of 2014, under Sections- 504, 506, 147, 323, 354(Ka) I.P.C., Police Station- Mau Aima, District- Allahabad.

4. Learned counsel for the applicants submitted that parties have entered into compromise on 13.03.2023 and in light of the compromise, criminal proceeding against the applicants may be quashed.

5. Learned counsel for the opposite party No. 2 has filed short counter affidavit, in which he has not objected the aforesaid fact and submitted that in case proceedings is quashed, he would have no objection.

6. 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.

7. 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.

8. The present application is, accordingly allowed.

9. No order as to costs.

Order Date :- 3.8.2023

ADY