Allahabad High Court
Mohd Hasnain @ Hasnain 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:143926
Court No. - 87
Case :- APPLICATION U/S 482 No. - 18425 of 2023
Applicant :- Mohd Hasnain @ Hasnain
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Shyam Chandra Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Mr. Sumit Shukla, Advocate has filed Vakalatnama on behalf of opposite party no.2, which is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and Sri Sumit Shukla, learned counsel for the opposite party no.2.
In compliance of order dated 12.7.2023, Mohd Hasnain @ Hasnain-applicant and victim Sabreen Begum are present before this Court and duly identified by their counsels. Victim has also stated that she had soleminzed marriage with application and living happily together with him. She further submitted that she does not want to pursue the criminal proceedings any further. Presence of Mohd Hasnain@ Hasnain-applicant and victim Sabreen Begum have been recorded in the order sheet.
Learned counsel for the applicants submitted that compromise has been taken place between the parties. In fact alleged victim and applicant have solemnized marriage and living together, therefore, in light of compromise as well as statements given by the victim, aforesaid criminal proceedings may be quashed.
Sri Sumit Shukla, learned counsel for the opposite party no.2 has supported the case of the applicants. He further submitted that in case this Court is pleased to quash the criminal proceeding pending against the applicants, he would have 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) & State of M.P. Vs. Laxmi Narayan and others reported in 2019 LawSuit (SC) 484, the proceedings of entire proceeding as well as impugned charge-sheet dated 14.12.2019 & cognizance order dated 21.12.2019 in S.T. No. 169 of 2023, Case No. 3464 of 2019 (State Vs. Mohd Hasnain and others) arising out of Case Crime No. 293 of 2019, under Sections 417, 376, 506 I.P.C., Police Station Holagarh, District Allahabad are hereby quashed.
The present application is, accordingly allowed. No order as to costs.
Order Date :- 19.7.2023
Junaid
