Nasir Saifi @ Nasir Hussain And 2 ... vs State Of U.P. And Another
2023 Latest Caselaw 20712 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:157303
 
Court No. - 92
 

 
Case :- APPLICATION U/S 482 No. - 21281 of 2023
 

 
Applicant :- Nasir Saifi @ Nasir Hussain And 2 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Shobhit Pathak
 
Counsel for Opposite Party :- G.A.,Anuj Dutt Mishra
 

 
Hon'ble Anish Kumar Gupta,J.

1. Heard Sri Shobhit Pathak, learned counsel for the applicants, Sri Anuj Dutt Mishra, learned counsel for opposite party no.2 and Sri Raj Bahadur Verma, learned AGA appearing for the State.

2. The instant application under Section 482 Cr.P.C. has been filed by the applicants seeking quashing of the charge sheet as well as the cognizance/summoning order dated 17.01.2022 passed by the learned Chief Judicial Magistrate in Case No. 538 of 2022 (State vs. Nasir Saifi and others), arising out of Case Crime No. 465 of 2020, under Sections 420, 406, 506 IPC, P.S. Majhola, District Moradabad and with the prayer of quashing of the proceeding of the said in the light of the compromise dated 15.05.2023 entered into between the parties.

3. Vide order dated 06.06.2023, this Court has directed for verification of the said compromsie by the Trial Court. Vide report dated 15.07.2023, the Chief Judicial Magistrate, Moradabad has sent a report with regard to verification of the compromise dated 15.05.2023, which was duly executed between the parties out of their free will and has been duly verified by the Trial Court.

4. The issue in the instant case is with regard to transaction in respect of sale and purchase of some plot and now the parties have settled their disputes and both the opposite party no.2 as well as the applicants have no grievance.

5. With the aforesaid settlement, the peace will prevail over the society and continuance of trial of the aforesaid criminal proceedings will not serve any fruitful purpose.

6. In view thereof and in the light of the judgments in State of Madhya Pradesh vs. Laxmi Narayan and Others reported in (2019) 5 SCC 688 and Narendra Singh and others vs. State of Punjab and another reported in (2014) 6 SCC 466, this Court finds it fit to allow the instant application on the basis of the compromise between the parties.

7. The instant application under Section 482 Cr.P.C. is allowed.

8. Therefore, the entire criminal proceedings of Case No. 538 of 2022 (State vs. Nasir Saifi and others), arising out of Case Crime No. 465 of 2020, under Sections 420, 406, 506 IPC, P.S. Majhola, District Moradabad are hereby quashed.

Order Date :- 4.8.2023

Ashish Pd.