Allahabad High Court
Haji Zainul And 2 Others vs State Of U.P. And Another on 19 July, 2023
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:143862
Court No. - 87
Case :- APPLICATION U/S 482 No. - 19434 of 2023
Applicant :- Haji Zainul And 2 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Majahar Ali
Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Mr. Sudeep Kumar Pandey, Advocate has filed Vakalatnama alongwith short counter affidavit on behalf of opposite party no.2, which is taken on record.
Heard learned counsel for the applicants, learned AGA for the State and Sri Sudeep Kumar Pandey, learned counsel for opposite party no. 2.
The present application under section 482 Cr.P.C. has been filed for quashing the entire proceeding of Sessions Trial No. 460 of 2016 (State vs. Haji Shauqat and others), arising out of Case Crime No.49 of 2015, under Sections- 323, 504 & 506 IPC, Police Station- Lohta, District- Varanasi, pending in the court of Additional Sessions Judge-V, Varanasi.
Learned counsel for the applicants submitted that now parties have entered into compromise and no dispute is pending between the parties as on date. It is further submitted that short counter affidavit to this effect has also been filed before this Court in which facts of compromise has been accepted. It is further submitted that both the parties, namely, Zulfeqar-applicant no.2 and Swalay-opposite party no.2 are present before this Court and they have stated that compromise have been taken place between the parties. Further opposite party no.2 Swale stated that she does not want to pursue the criminal proceeding any further. It is lastly submitted that in light of statements as well as averments made in short counter affidavit filed by opposite party no. 2, present proceeding may be quashed.
Sri Vinod Kumar Pandey, learned counsel for opposite party no. 2 has supported the case of the applicants on the basis of short counter affidavit. He further submitted that in case this Court is pleased to quash the criminal proceeding pending against the applicants, he has no objection.
In view of above, the applicants and respondent 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 :- 19.7.2023
Junaid
