Shahbaz And 2 Others vs State Of U.P. And Another
2023 Latest Caselaw 20759 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:157225
 
Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 20294 of 2023
 

 
Applicant :- Shahbaz And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Vinod Kumar Singh Kushwaha
 
Counsel for Opposite Party :- G.A.,Mohd. Ibrar Khan
 

 
Hon'ble Neeraj Tiwari,J.

1. Supplementary affidavit filed today be taken on record.

2. Heard learned counsel for the applicants, learned AGA for the State and Sri Mohd. Ibrar Khan, learned counsel for opposite party no. 2.

3. The present application under section 482 Cr.P.C. has been filed for quashing the entire criminal proceedings of Charge Sheet dated 12.12.2020, summoning order dated 2.1.2021 in Criminal Case No.23 of 2021, State Vs. Shahbaz and others in Case Crime No.515 of 2020, u/s 452, 323, 504, 506, 354B IPC, P.S. Saidpur, District Ghazipur pending before Judicial Magistrate, Saidpur, Ghazipur.

4. The case was heard on 07.06.2023 and Court has passed the following order:-

"1. This application has been filed for quashing the entire criminal proceedings of Charge Sheet dated 12.12.2020, summoning order dated 2.1.2021 in Criminal Case No.23 of 2021, State Vs. Shahbaz and others in Case Crime No.515 of 2020, u/s 452, 323, 504, 506, 354B IPC, P.S. Saidpur, District Ghazipur pending before Judicial Magistrate, Saidpur, Ghazipur.

2. Learned counsel for both the parties are at liberty to file the compromise before the court concerned as soon as it takes place between the parties.

3. The court concerned shall verify the said compromise in the presence of both the parties and after due verification, shall send its report along a copy of the duly verified compromise to this Court on or before the next date fixed.

4. Put up this case as fresh on 04.08.2023 before appropriate Bench showing the name of Sri Ibrar Khan as counsel for the respondent/opposite party no.2.

5. Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case. "

5. In compliance of order of this Court dated 07.06.2023, Civil Judge(Jr. Dev)Judicial Magistrate, Saidpur, Ghazipur has verified the compromise deed between the parties.

6. Learned counsel for applicants submitted that applicants and opposite party No. 2 are family members and they have entered into compromise which has also been verified by the trial Court. Therefore, in light of compromise, present proceeding may be quashed.

7. SriMohd. Ibrar Khan, learned counsel for opposite party no. 2 has not disputed the compromise between the parties and submitted that in case present proceeding is quashed, he would have no objection.

8. 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.

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.

11. No order as to costs.

Order Date :- 4.8.2023

Sartaj