Mirchi @ Naveen Gurjar And Another vs State Of U.P. And Another
2023 Latest Caselaw 17281 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:139337
 
Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 16619 of 2020
 

 
Applicant :- Mirchi @ Naveen Gurjar And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Surendra Kumar Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the applicants, learned AGA for the State and Sri Deepak Kumar Patel, learned counsel for opposite party no. 2.

The present application under section 482 Cr.P.C. has been filed for quashing the charge sheet dated 27.06.2020 as well as entire proceedings of Case No. 711 of 2020 (State Vs. Mirchi @ Naveen Gurjar and another) arising out of Case Crime No.0055 of 2020, under Sections 323, 452, 504, 506 IPC, Police Station Bah, District Agra pending in the Court of Judicial Magistrate, Fatehabad, Agra.

Learned counsel for the applicants submitted that both the parties have entered into compromise and the said compromise has also been verified by Civil Judge (J.D.), Judicial Magistrate, Fatehabad, Agra vide order dated 10.02.2021.

Learned counsel for the applicants states that the matter has been compromised and the opposite party no. 2 does not want to pursue the matter any further as the matter has been amicably settled between the parties, therefore, the present case may be finally decided.

Sri Deepak Kumar Patel, learned counsel for opposite party no. 2 has not disputed the said fact by filing short counter affidavit and submitted that the disputes have been amicably settled between the parties, therefore on the basis of compromise the Hon'ble Court may kindly be quash the entire proceeding of the aforesaid case.

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. State 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.

Order Date :- 13.7.2023

Arvind