H.G. 1030 Dinesh Kumar And 2 Others vs State Of U.P. And Another
2023 Latest Caselaw 6063 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- APPLICATION U/S 482 No. - 13332 of 2022
 

 
Applicant :- H.G. 1030 Dinesh Kumar And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Krishna Gopal
 
Counsel for Opposite Party :- G.A.,Devashish Mitra
 

 
Hon'ble Shekhar Kumar Yadav,J.

Heard learned counsel for the applicants, learned counsel for the opposite party no.2 a well as learned A.G.A. for the State and perused the record.

The present application U/S 482 Cr.P.C. has been filed for quashing the charge sheet dated 29.5.2019 and summoning order dated 29.7.2019 in Criminal Case No. 1961 of 2019, arising out of Case Crime No. 1818 of 2018, (State Vs. H.G. 1030 Dinesh Kumare & othrs), under Sections 186, 332, 353, 504 IPC, P.S. Baradari, District Bareilly.

Learned counsel for the parties contends that the matter has been compromised between the parties and the same has been verified by the court below on 24.1.2023. It is thus contended that the dispute has been settled between the parties. Learned counsel for the applicants 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.

Learned counsel for the opposite party no.2 also states that the dispute has been amicably settled between the parties and that the opposite party no.2 does not want to proceed further with the matter.

In view of the fact that the partie 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 above 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 quashed

The present application is accordingly allowed.

Order Date :- 24.2.2023/A.