Deepak And 5 Others vs State Of U.P And Another
2023 Latest Caselaw 4696 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- APPLICATION U/S 482 No. - 35822 of 2022
 

 
Applicant :- Deepak And 5 Others
 
Opposite Party :- State Of U.P And Another
 
Counsel for Applicant :- Nagendra Kumar Singh
 
Counsel for Opposite Party :- G.A.,Ram Shiromani Yadav
 

 
Hon'ble Shekhar Kumar Yadav,J.

Case called out. Learned counsel for the opposite party no. 2 is not present.

Heard learned counsel for the applicants as well as learned A.G.A. for the State.

The present application U/S 482 Cr.P.C. has been filed for quashing the entire proceedings in Complaint Case no. 445 of 2022, as well as summoning order dated 5.9.2022 pending before Civil Judge, (J.D.)/FTC, Sambhal at Chandausi in between Smt. Laxmi Vs. Deepak and others) whereby applicants namely Shiwani, Rajesh Singh, Vijay Raghav and Kamlesh @ Sushma Devi have been summoned under section 323 IPC and applicants Deepak and Paras have been summoned under sections 323, 392, 354 IPC.

Learned counsel for the applicants contends that the matter has been compromised between the parties and with regard to the same the court below has sent its verification report dated 9.2.2023. It is thus contended that the dispute has been settled between the parties. Learned counsel for the applicant has placed reliance on the judgment of Apex Court in the case of Manoj Sharma Vs. State, (2008)16 SCC1, Narinder Singh Vs. State of Punjab, (2014) 6 SCC 466, Yogendra Yadav Vs. State of Jharkhand (2014) and has submitted that since the mater has been compromised between the parties amicably, hence no fruitful purpose would be served if the prosecution of the applicant in the present case is allowed to go on as no grievance is left to the opp. party no.2, therefore, the present case be finally decided.

In view of the fact that the parties do not want to pursue the case any further as stated by them and as the matter is purely of personal nature, which has been mutually settled between the parties, in view of the compromise therefore, no useful purpose would be served in proceeding with the matter further.

Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana, Manoj Sharma Vs. State, (2008)16 SCC1, Narinder Singh Vs. State of Punjab, (2014) 6 SCC 466 and Yogendra Yadav Vs. State of Jharkhand reported in (2014), Nikhil Merchant Vs. Central Bureau of investigation and another,J.T., 2008(9) SC 192 the proceedings of the aforesaid case is hereby set aside.

The present application is accordingly allowed.

Order Date :- 13.2.2023

A.