Allahabad High Court
Ibrahim And Another vs State Of U.P. And Another on 14 July, 2023
Bench: Surendra Singh-I
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:140614
Court No. - 92
Case :- APPLICATION U/S 482 No. - 24599 of 2016
Applicant :- Ibrahim And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Krishna Dutt Awasthi
Counsel for Opposite Party :- G.A.,Girja Shanker Sen
Hon'ble Surendra Singh-I,J.
Sri Krishna Dutt Awasthi, learned counsel for the applicants has filed supplementary affidavit, annexing certified copy of agreement of settlement/compromise, affidavit in support of compromise and order dated 17.5.2023 passed by the trial court after verification of the agreement of settlement/compromise, which is taken on record.
Heard learned counsel for the applicants, Sri Grija Shankar Singh, learned counsel for the opposite party no. 2, Sri K.K. Tripathi, learned A.G.A. for the State and perused the record.
This application u/s 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Complaint Case No. 253 of 2014 (Laxmi Devi vs. Ibrahim and another), under sections 352 and 504 I.P.C., P.S. Auraiya, district-Auraiya, pending in the court of Chief Judicial Magistrate, Auraiya, as well as summoning order dated 18.4.2016 passed by Chief Judicial Magistrate, Auraiya.
In compliance of the order of this Court dated 11.5.2023, applicants and opposite party no. 2 have appeared before the concerned trial court and filed an application for verification of the agreement of settlement/compromise along with compromise deed, which was verified by the trial court on 17.5.2023.
Learned counsel for the applicants submits that the parties have amicably settled their dispute outside the Court.
Learned counsel for the opposite party no. 2 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 and opposite party no. 2 has no objection if the present application in question is allowed and the impugned proceedings be quashed.
Since the parties have amicably settled the dispute and have mutually compromised in the matter. According to the counsels there is no dispute left out any more in between the parties and they wish no more litigation in between them. The compromise deed filed by them has been verified by the concerned trial Court.
In view of the fact that 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 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) as well as the Judgment of the Apex Court reported in J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of investigation and another), the proceedings of the Complaint Case No. 253 of 2014 (Laxmi Devi vs. Ibrahim and another), under sections 352 and 504 I.P.C., P.S. Auraiya, district-Auraiya, pending in the court of Chief Judicial Magistrate, Auraiya, as well as summoning order dated 18.4.2016 passed by Chief Judicial Magistrate, Auraiya are hereby quashed.
The present writ petition is accordingly allowed.
Order Date :- 14.7.2023
Faridul
