Ali Mohammad And 7 Others vs State Of U.P. And Another
2023 Latest Caselaw 17155 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:138405
 
Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 16061 of 2020
 

 
Applicant :- Ali Mohammad And 7 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Mohammad Abid Ali
 
Counsel for Opposite Party :- G.A.,Mohammad Faiz
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the applicants, learned AGA and Mohammad Faiz, learned counsel for the opposite party no.2.

Learned counsel for the applicant is permitted to make necessary correction in the memo of application as well as prayer during the course of day.

The present application under section 482 Cr.P.C. has been filed for quashing the charge sheet dated 8.4.2012 as well as further proceeding of Criminal Case No. 1963 of 2012, arising out of Case Crime No. 498 of 2018 (State vs. Ali Mohammad and others), under Sections 147, 452, 427, 504 & 506 IPC, Police Station- Baradari, District- Bareilly, pending in the court of learned Additional Chief Judicial Magistrate-Ist, Bareilly.

Learned counsel for the applicants submitted that under some misunderstanding FIR has been lodged and now the parties have entered into compromise and no dispute is pending between the parties as on date. He next submitted that this Court vide order dated 13.5.2022 has directed the trial Court for verification of compromise and thereafter submit its report. In compliance of order of this Court dated 13.5.2022, learned Additional Chief Judicial Magistrate-Ist, Bareilly, has submitted verification report dated 20.6.2023 verifying the compromise deed entered between the parties. It is lastly submitted that in light of compromise deed, present proceeding may be quashed.

Mohammad Faiz, learned counsel for the opposite party no.2. has filed counter affidavit and supported the case of applicants and also submitted that in case aforesaid proceeding is quashed, he would have no objection.

In view of above, the applicants and opposite party no. 2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.

Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi) Vs. State of Haryana) as well as the judgement of the Apex Court reported in J.T. 2008(() SC 192 (Nikhil Merchant Vs. Central Burea of Investigation and another), as well as judgment of the Apex Court reported in (2012) 10 SCC 303 (Gian Singh Vs. Stated of Punjab) and reported in (2014) Supreme Today 642 (Narinder Singh & others Vs. State of Punjab and another), the proceedings of the aforesaid case is hereby quashed.

The present application is, accordingly allowed. No order as to costs.

Order Date :- 12.7.2023

Junaid