Allahabad High Court
Anil Kumar And 2 Others vs State Of U.P. And Another on 18 July, 2023
Bench: Vikas Budhwar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:143139
Court No. - 35
Case :- APPLICATION U/S 482 No. - 25550 of 2023
Applicant :- Anil Kumar And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Dharmendra Pratap Singh
Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Mr. Sitesh Kumar, Advocate has appeared and filed a Vakalatnama on behalf of respondent No. 2. It is taken on record.
Heard Sri Dharmendra Pratap Singh, learned counsel for the applicants, who are three in number, Sri Rajeev Pandey, learned A.G.A., who appears for the State respondent and Sri Siddhesh Kumar, who appears for the opposite party no.2, the informant.
This is an application under Section ? 482 Cr.P.C. filed for quashing of the entire proceedings in Criminal Case No. 1694 of 2016 (State vs. Anil Kumar and others), relating to Case Crime No. 51 of 2013, under Sections ? 420, 120-B I.P.C., Police Station ? Vijaygarh, District Aligarh, pending in the court of Judicial Magistrate, Court No.2, Aligarh.
Learned counsel for the applicants submits that the first information report was lodged by the opposite party no.2 on 07.02.2013 in Police Station- Banna Devi, District ? Aligarh in Case Crime No. Nil of 2013, under Sections ? 420, 467, 468, 471 I.P.C., which was later transferred to Police Station ? Vijaygarh and the same was registered as Case Crime No. 51 of 2013.
According to the learned counsel for the applicants, during the pendency of the proceeding, on 24.03.2022 an application was preferred duly supported by an affidavit for getting the settlement accorded under the signatures of the applicants and the opposite party no.2. Reference whereof has been given in paragraph no.17 of the application. A copy whereof has been annexed as Annexure No.3 to the affidavit filed in support of the application.
Learned counsel for the applicants further submits that the said compromise application has been rejected by the court below by virtue of the order dated 27.02.2023 on the ground that Section - 120-B I.P.C. is a non compoundable offence.
Today, when the matter was taken up, not only Sri Dharmendra Pratap Singh, learned counsel for the applicants but also Sri Sitesh Kumar, learned counsel, who appears for the respondent no.2/informant has made a statement at Bar that they are possessed with the instructions that the proceedings be quashed, as according to the instructions received from the informant/opposite party no.2.
Now, the parties have on their volition for a settlement, which has also been arrived between them but unfortunately, the court below did not have substance to the same.
A joint prayer has been made by them that the proceedings be quashed.
Sri Rajeev Pandey, learned A.G.A., who appears for the State respondents submits that he has no objection to the same and the proceedings be quashed as the parties in question have themselves entered into settlement.
Considering the judgment in the case of State of Madhya Pradesh vs. Laxmi Narayan and Others reported in 2019 (5) SCC Page 6 this Court in exercise of the inherent jurisdiction hereby quashes the entire proceedings in Criminal Case No. 1694 of 2016 (State vs. Anil Kumar and others), relating to Case Crime No. 51 of 2013, under Sections ? 420, 120-B I.P.C., Police Station ? Vijaygarh, District Aligarh, pending in the court of Judicial Magistrate, Court No.2, Aligarh.
The instant application is accordingly, allowed.
Order Date :- 18.7.2023
S Rawat
