Allahabad High Court
Haseeb Ahmad And 2 Others vs State Of U.P. And Another on 24 August, 2023
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:172243
Court No. - 89
Case :- APPLICATION U/S 482 No. - 29404 of 2023
Applicant :- Haseeb Ahmad And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Mushir Khan
Counsel for Opposite Party :- G.A.,Mujiburrahman
Hon'ble Deepak Verma,J.
1. 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.
2. The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 08.04.2021, cognizance order dated 20.07.2021 as well as entire criminal proceeding of Criminal Case No. 92/413 of 2021 (State Vs. Najeeb & others) arising out of Case Crime No. 354 of 2020 under Sections 323, 504, 506, 427 I.P.C. at Police Station- Colonelganj, District- Kanpur Nagar, pending in the court of learned Additional Metropolitan Magistrate, Sixth, Kanpur Nagar.
3. Learned counsel for the applicants submits that both the parties have settled their dispute out of the Court and earlier filed Application U/S 482 No. 19600 of 2021 and the same was disposed of by the court below with a direction that, "parties shall approach to trial court for verification of the compromise. If the aforesaid compromise is verified, a report to the effect shall be prepared by the court and compromise will be made on the part of the record and it will be open to the applicants to approach this Court again for quashing of the proceedings". Learned Metropolitan Magistrate vide order dated 06.07.2023 submitted report in regard to verification. The compromise deed is annexed as Annexure-4 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.
4. 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.
5. From perusal of the record, it is apparent that parties have entered into compromise and have settled their dispute amicably.
6. 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 Crime No. 354 of 2020 under Sections 323, 504, 506, 427 I.P.C. at Police Station- Colonelganj, District- Kanpur Nagar, pending in the court of learned Additional Metropolitan Magistrate, Sixth, Kanpur Nagar, is hereby quashed.
7. The present 482 Cr.P.C. application stands allowed.
Order Date :- 24.8.2023
Anjali
