Allahabad High Court
Haji Akbar And 2 Others vs State Of U.P. And Another on 19 July, 2023
Bench: Surendra Singh-I
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:146230
Court No. - 92
Case :- APPLICATION U/S 482 No. - 20130 of 2023
Applicant :- Haji Akbar And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Subhash Chandra Pandey,Sandeep Kumar Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Surendra Singh-I,J.
Heard Sri Subhash Chandra Pandey, learned counsel for the applicants and Sri Sumit Kumar Gupta, Advocate holding brief of Priyanka Singh, learned counsel for the opposite party no. 2 and perused the record.
The applicant by means of this application under Section 482 Cr.P.C. have invoked the inherent jurisdiction of this Court with a prayer to quash the entire proceedings of Criminal Case No. 5426 of 2022 (State vs. Julfekar and others), arising out of Case Crime No. 317 of 2021, under Sections 323, 504 and 506 I.P.C., P.S. Civil Lines, district-Rampur, pending in the Court Chief Judicial Magistrate, Rampur, as well as chargesheet dated 27.11.2021 and summoning order dated 3.6.2022.
Learned counsel for the applicants has filed order of Chief Judicial Magistrate, Rampur dated 3.7.2023 regarding verification of the settlement of agreement/compromise, which is taken on record. The said order is supported with certified copy of the compromise deed filed by opposite party no. 2 and the applicants, which has been verified by the Chief Judicial Magistrate, Rampur.
Since applicants, Haji Akbar, Julfekar, Iqrar and opposite party no. 2, Maqsood have amicably settled their dispute and have mutually compromised the matter. According to the counsel 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.
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.
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 proceeding of Criminal Case No. 5426 of 2022 (State vs. Julfekar and others), arising out of Case Crime No. 317 of 2021, under Sections 323, 504 and 506 I.P.C., P.S. Civil Lines, district-Rampur, pending in the Court Chief Judicial Magistrate, Rampur, as well as chargesheet dated 27.11.2021 and summoning order dated 3.6.2022 is hereby quashed
The present writ petition is accordingly allowed.
Order Date :- 19.7.2023
Faridul
