Allahabad High Court
Mohd Ajaz @ Ajaz And Another 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:143746
Court No. - 87
Case :- APPLICATION U/S 482 No. - 20683 of 2023
Applicant :- Mohd Ajaz @ Ajaz And Another
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Balbeer Singh
Counsel for Opposite Party :- G.A.,Manish Jaiswal,Seema Singh
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants, learned AGA for the State and Sri Manish Jaiswal, learned counsel for the opposite party no.2.
Case was heard on 12.7.2023, Court has passed the following order:-
"Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Manish Jaiswal, learned counsel for the opposite party No. 2
Learned counsel for the applicant submitted that now compromise has taken places between the parties and applicant and victim(opposite party No. 2) are living together, therefore, criminal proceeding against the applicant may be quashed.
Sri Manish Jaiswal, learned counsel for the opposite party No. 2 has supported the submission of learned counsel for the applicant and submitted that in case criminal proceeding is quashed, he would have no objection.
He prays for and is granted one week's time to file affidavit to this effect.
Put up as fresh on 19.07.2023.
On the next date fixed, applicant, namely, Mohd Ajaz and victim(opposite party No. 2), namely, Shiba shall remain present before the Court."
Pursuant to the order of this Court dated 12.7.2023, Mohd Ajaz-husband-applicant no.1 and victim Shiba are present before this Court alongwith affidavit and duly identified by their respective counsels. They have also given statement before the Court that they are living together and also having two children out of their wedlock. Further, victim Shiba stated that she does not want to pursue the criminal proceedings against the applicants any further.
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 charge-sheet dated 24.01.2021 as well as Criminal Case No. 14560 of 2022 (State of U.P. vs. Ajaz & others), arising out of Case Crime No. 787 of 2020, under Sections 498-A, 323, 504, 506 IPC & 3/4 D.P. Act, Police Station- Tajganj, District Agra and summoning order dated 19.11.2022 are hereby quashed.
The present application is, accordingly allowed. No order as to costs.
Order Date :- 19.7.2023
Junaid
