Smt. Parveen Naz And 5 Others vs State Of U.P. And Another
2023 Latest Caselaw 23173 ALL

Citation : 2023 Latest Caselaw 23173 ALL
Judgement Date : 24 August, 2023

Allahabad High Court

Smt. Parveen Naz And 5 Others vs State Of U.P. And Another on 24 August, 2023

Bench: Arun Kumar Deshwal





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:171258
 
Court No. - 93
 

 
Case :- APPLICATION U/S 482 No. - 30652 of 2017
 

 
Applicant :- Smt. Parveen Naz And 5 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Rupendra Kumar Mishra,Kumar Mitakshar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Arun Kumar Singh Deshwal,J.

Heard Sri Rupendra Kumar Mishra, learned counsel for the applicants, learned A.G.A. for the State and Sri Santosh Kumar Verma, learned counsel for opposite party no.2.

The instant application has been moved on behalf of the applicants to quash the impugned charge sheet dated 27.12.2016 submitted in Case No.908 of 2017 (State Vs. Shamshad Pasha and others), arising out of Case Crime No.197 of 2016, under Sections 420, 467, 468, 471 IPC, Police Station Bhojpur, District Moradabad, pending in the court of Judicial Magistrate, Thakurdwara, District Moradabad.

Contention of learned counsel for the applicants is that the dispute between the parties has been settled by the parties amicably and which is also produced in written compromise.

This Court vide order dated 17.04.2023 directed to the applicants to file compromise deed before the court below with further direction to the court below to verify the same after summoning the parties and send his report to this Court.

In pursuance of order dated 17.04.2023 of this Court, learned Judicial Magistrate, Moradabad, has verified the compromise and submitted its report dated 27.04.2023 along with copy of verified compromise.

The fact of verification of compromise is not disputed by learned counsel for opposite party no.2.

Considering the aforesaid 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 proceedings of Case No.908 of 2017 (State Vs. Shamshad Pasha and others), arising out of Case Crime No.197 of 2016, under Sections 420, 467, 468, 471 IPC, Police Station Bhojpur, District Moradabad, pending in the court of Judicial Magistrate, Thakurdwara, District Moradabad, is hereby quashed.

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

Order Date :- 24.8.2023

Atul