Allahabad High Court
Chandrabhan And 4 Others vs State Of U.P. And Another on 22 February, 2023
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 68
Case :- APPLICATION U/S 482 No. - 27497 of 2022
Applicant :- Chandrabhan And 4 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Shashi Shankar Shukla,Bhriguram Ji
Counsel for Opposite Party :- G.A.,Shashi Shekhar Maurya
Hon'ble Shekhar Kumar Yadav,J.
Supplementary affidavit filed today, which is taken on record.
Heard Sri Shashi Shankar Shukla, learned counsel for the applicants, Sri Nilesh Kumar Dubey, learned Advocate holding brief of Shashi Shekhar Maurya, learned counsel for the Opposite Party no. 2, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of case no.4888 of 2016 arising out of case crime no.237 of 2013 under Sections 147, 323, 325, 452, 504 & 506 IPC, Police Station Nichlaul, District - Maharajganj pending in the court of Additional Chief Judicial Magistrate, Maharajganj in terms of compromise.
Learned counsel for the applicant is stated that the verification order dated 17.01.2023 passed by trial court is being filed herewith and marked as Annexure No. 2 annexed with the supplementary affidavit.
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 opposite party no.2, therefore, the present case be finally decided.
In view of the fact the parties do not want to pursue the case any further as stated by them and as the matter is purely of personal nature and family dispute, which has been mutually settled between the parties, in view of the compromise dated 03.01.2023, 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 case no.4888 of 2016 arising out of case crime no.237 of 2013 under Sections 147, 323, 325, 452, 504 & 506 IPC, Police Station Nichlaul, District - Maharajganj pending in the court of Additional Chief Judicial Magistrate, Maharajganj are hereby quashed.
The present application is accordingly allowed.
Order Date :- 22.2.2023
Anurag
