Ritesh And Another vs State Of U.P. And Another
2023 Latest Caselaw 21761 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:163969
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 29637 of 2023
 

 
Applicant :- Ritesh And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Gaurav Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Deepak Verma,J.

1. Mr. Sarfaraz Ahmad has file Vakalatnama on behalf of the Opposite Party No. 2 in the Court today. The same is taken on record.

2. Heard learned counsel for the applicants, learned counsel for opposite party no. 2 and learned A.G.A. for the State and perused the record.

3. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No.686 of 2016 (State Vs. Rahees Ahmad and two others) arising out of Case Crime No.2056 of 2011, under Sections 420, 467, 468 I.P.C., P.S. Swar, District Rampur, pending before the court of Civil Judge (Junior Division)/FTC, Rampur.

4. Learned counsel for the applicants submits that both the parties have settled the dispute out of the Court and the agreement deed is annexed as Annexure-7 with the application. Opposite party no.2 wants to withdraw the prosecution lodged against the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on. He further placed reliance over various judgments passed by Hon'ble Apex Court in the case of Narinder Singh vs. State of Punjab reported in (2014) 6 SCC 466 and held that proceeding can be quashed on account of settlement between the parties.

5. Learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashed.

6. From perusal of the record, it is apparent that parties have entered into compromise and have settled their dispute amicably.

7. Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties regarding the compromise entered into between the parties and taking all these factors into consideration cumulatively, the compromise between parties be accepted and further taking into account the legal position as laid down by the Apex Court in the case of Narinder Singh vs. State of Punjab reported in (2014) 6 SCC 466, the entire proceedings of Case No.686 of 2016 (State Vs. Rahees Ahmad and two others) arising out of Case Crime No.2056 of 2011, under Sections 420, 467, 468 I.P.C., P.S. Swar, District Rampur, pending before the court of Civil Judge (Junior Division)/FTC, Rampur, is hereby quashed.

8. The present 482 Cr.P.C. application stands allowed.

Order Date :- 11.8.2023

Anjali