Afzal And 3 Others vs State Of U.P. And Another
2023 Latest Caselaw 22057 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:164474
 
Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 20725 of 2023
 

 
Applicant :- Afzal And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Rajesh Kumar Verma
 
Counsel for Opposite Party :- G.A.,Mohammad Waseem
 

 
Hon'ble Neeraj Tiwari,J.

1. Short counter affidavit filed is taken on record.

2. Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Mohammad Waseem, learned counsel for the opposite party No. 2.

3. The present 482 Cr.P.C. application has been filed to quash the charge sheets dated 05.09.2012 and 09.09.2012, Case No.4007 of 2021 (State v. Inayatullah & others), arising out of Case Crime No.394 of 2012, under Sections- 323, 504, 506, 324, 308, 427 I.P.C., Police Station- Bhojipura, District- Bareilly, pending in the court of learned Additional Chief Judicial Magistrate-I, District Bareilly.

4. Learned Counsel for the applicants submitted that parties have entered into compromise and opposite party no.2 has supported the case of applicant by filing short counter affidavit, therefore proceedings may be quashed.

5. Sri Mohammad Waseem, learned counsel for the opposite party No. 2 has not objected the aforesaid facts by filing short counter affidavit 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 :- 16.8.2023

A.N. Mishra