Citation : 2023 Latest Caselaw 20771 ALL
Judgement Date : 4 August, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:157375 Court No. - 87 Case :- APPLICATION U/S 482 No. - 20539 of 2023 Applicant :- Omveer Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sarvajeet Singh Counsel for Opposite Party :- G.A.,Chandra Bhan Kushwaha Hon'ble Neeraj Tiwari,J.
1. Counter affidavit filed today is taken on record.
2. Heard learned counsel for the applicants and learned A.G.A. for the State.
3. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 16.03.2022, cognizance order dated 29.06.2022 as well as entire proceedings of Case No. 14404 of 2022, arising out of Case Crime No. 274 of 2021, under Sections- 308, 324, 323, 504 I.P.C., Police Station- Ughaiti, District- Badaun.
4. Learned counsel for the applicants submitted that due to some confusion, a scuffle took place between the parties and ultimately, parties entered into compromise on the advice of respectable persons of the society on 17.11.2022, therefore, in light of compromise entered between the parties, criminal proceedings against the applicants may be quashed.
5. Learned counsel for the opposite party No. 2 has filed counter affidavit, in which he has not objected the aforesaid facts and submitted that in case proceedings against the applicants 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 :- 4.8.2023
ADY
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