Allahabad High Court
Shyam Babu Gupta And 3 Others vs State Of U.P And Another on 17 July, 2023
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:141656
Court No. - 87
Case :- APPLICATION U/S 482 No. - 33932 of 2022
Applicant :- Shyam Babu Gupta And 3 Others
Opposite Party :- State Of U.P And Another
Counsel for Applicant :- Munna Babu
Counsel for Opposite Party :- G.A.,Jaya Nath Patel
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants, learned AGA for the State and Sri Rakesh Kumar Singh Chauhan, Advocate holding brief of Sri J.N. Patel, learned counsel for opposite party no. 2.
The present 482 Cr.P.C. application has been filed for quashing the proceedings of the summoning order dated 04.06.2021 as well as entire proceeding of Complaint Case No.243 of 2001 (Rakesh Vs. Shaym Babu), under Sections 323, 324, 307, 504, 506 of I.P.C., Police Station- Mau Darwaja, District- Farrukhabad pending in the Court of Judicial Magistrate, Court No.6, Farrukhabad on the basis of compromise dated 05.07.2022 made between both the parties
Case was heard on 25.11.2022, Court has passed the following order:-
"Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed for quashing the proceedings of the summoning order dated 04.06.2021 as well as entire proceeding of Complaint Case No.243 of 2001 (Rakesh Vs. Shaym Babu), under Sections 323, 324, 307, 504, 506 of I.P.C., Police Station- Mau Darwaja, District- Farrukhabad pending in the Court of Judicial Magistrate, Court No.6, Farrukhabad on the basis of compromise dated 05.07.2022 made between both the parties.
Learned counsel for the applicants submits that since the charge sheet has been issued, the parties have reconciled their differences and a compromise has been entered between them which has been reduced in writing.
Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order on the next date fixed and be permitted to file an application for verification of the original compromise document. It is expected that the trial court may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order with respect to the verification within a period of two months from today. Upon due verification, the court below may pass appropriate order in that regard and send a report to this Court.
List after two months.
Till then no coercive measure shall be taken against the applicants in the aforesaid case. "
Pursuant to the order of this Court dated 25.11.2022, learned Judicial Magistrate(J.D.), Farrukhabad has submitted its report dated 10.01.2023 verifying the compromise deed entered between the parties.
Learned counsel appearing for opposite party no. 2 has not disputed the aforesaid facts and also submitted that opposite party no. 2 does not want to pursue the matter any further. Therefore, 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 :- 17.7.2023
Sartaj
