Allahabad High Court
Anil Sharma And 8 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:144097
Court No. - 87
Case :- APPLICATION U/S 482 No. - 19326 of 2023
Applicant :- Anil Sharma And 8 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ram Ker Singh
Counsel for Opposite Party :- G.A.,Hitesh Pachori
Hon'ble Neeraj Tiwari,J.
Supplementary affidavit filed today, is taken on record.
Heard learned counsel for the applicants, learned AGA for the State and Sri Radhey Shyam Prajapati, advocate holding brief of Sri Hitesh Pachori, learned counsel for the opposite party no.2.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Criminal Case No. 604 of 2013 (State Vs. Anil Sharma and others), arising out of Case Crime No. 25/2013, under Sections- 406, 420 I.P.C., Police Station- Nai Ki Mandi, District- Agra pending in the court of Civil Judge (J.D.), Court No. 7, Agra.
Case was heard on 24.5.2023, Court has passed the following order:-
"1. List revised.
2. Heard Sri Ram Ker Singh, learned counsel for the applicants, Sri Hitesh Pachauri, learned counsel for the opposite party no.2 who states that he shall be filing his vakalatnama in the office within two days and Sri B.B. Upadhyay, learned State counsel and perused the record.
3. Learned counsel for the applicants argued that the parties have entered into compromise, copy of which is annexed as annexure no. 3 to the affidavit in support of present 482 Cr.P.C. application. It is argued that as such the present proceedings be quashed.
4. Looking to the facts of the case, it is provided that the applicants shall file the said compromise within a period of two weeks from today before the court concerned who shall verify the same within three weeks thereafter and send his report to this Court.
5. List on 19.07.2023.
6. Till the next date of listing, no coercive action shall be taken against the applicants Anil Sharma, Ravindra Kumar Varma, Prem Singh Solanki, Bhoop Singh, Yogesh Kumar Son, Munendra Kumar Son, Chatur Singh, Sajal Bhattacharya and Manju Rani in Criminal Case No. 604 of 2013 (State Vs. Anil Sharma and 8 others), under Sections 406, 420 IPC arising out of Case Crime No. 25 of 2013, P.S. Nai Ki Mandi, District Agra, pending in the court of C.J. (J.D.), Court No.7, Agra."
Pursuant to the order of this Court dated 24.5.2023, learned Additional Civil Judge (J.D.), Court No. 7/ J.M., Agra has submitted its report on 22.6.2023 verifying the compromise deed entered into between the parties.
Sri Radhey Shyam Prajapati, advocate holding brief of Sri Hitesh Pachori, learned counsel for the opposite party no.2 has not objected the aforesaid fact and submitted that in case proceedings 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 :- 19.7.2023
Arvind
