Nisar And 4 Others vs State Of U.P. And Another
2023 Latest Caselaw 22715 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:168923
 
Court No. - 93
 

 
Case :- APPLICATION U/S 482 No. - 2301 of 2023
 

 
Applicant :- Nisar And 4 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Vinod Kumar Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Arun Kumar Singh Deshwal,J.

Heard Sri Vinod Kumar Yadav, learned counsel for the applicants and Sri Kamal Yash Sahwal, learned counsel for opposite party no.2.

The instant application has been moved on behalf of the applicants to quash the charge sheet dated 11.01.2021 submitted in Case Crime No.918 of 2020, under Sections 147, 149, 336, 324, 188, 269, 270 IPC, Police Station Loni, District Ghaziabad, pending in the court of Additional Chief Judicial Magistrate, Court No.1, Ghaziabad on the basis of compromise.

Contention of learned counsel for the applicants is that the parties have settled their dispute amicably which was also produced in written compromise.

This Court vide order dated 13.04.2023 directed to the parties to file compromise deed before the court below with further direction to the court below to verify the compromise deed after summoning the parties and send his report to this Court.

In pursuance of order dated 13.04.2023 of this Court, Additional Chief Judicial Magistrate, Court No.1, Ghaziabad has submitted his report dated 18.04.2023 mentioning the fact that he has verified the compromise between the parties and a copy of the same has been annexed with that report.

It was further mentioned before the Court that the compromise was verified by Additional Chief Judicial Magistrate, Court No.1, Ghaziabad by order dated 18.04.2023.

Considering the above facts as well as law laid down by the Apex Court in the judgment of Gian Singh Vs. State of Punjab & Another (2012) 10 SCC 303, Narinder Singh & Others Vs. State of Punjab & Another (2014) 6 SCC 477 and State of M.P. Vs. Laxmi Narayan, AIR 2019 SC 1296 and State of M.P. Vs. Dhruv Gurjar, AIR 2017 SC 1106, the proceeding of Case No. 8526 of 2022 arising out of Case Crime No. 0918 of 2020, under Sections 147, 149, 336, 324, 188, 269, 270 IPC, Police Station Loni, District Ghaziabad, pending in the court of Additional Chief Judicial Magistrate, Court No.1, Ghaziabad is hereby quashed.

In view of the aforesaid observation, the application is allowed.

Order Date :- 22.8.2023

Atul