Citation : 2023 Latest Caselaw 18245 ALL
Judgement Date : 19 July, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:143427 Court No. - 87 Case :- APPLICATION U/S 482 No. - 21008 of 2023 Applicant :- Manoj Kumar And 3 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Arun Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Prateek Samadhiya, learned counsel for the opposite party Nos. 2, 3 and 4.
The present 482 Cr.P.C. application has been filed to quash the the entire proceedings of Sessions Trial No.215 of 2019, State Vs. Anil and others, under Sections 147, 148, 308, 323, 504, 506, 325 IPC, P.S. Chirgaon, District Jhansi, pending in the court of Additional Sessions Judge, court no.8, Jhansi arising out of case crime no.457 of 2017.
Learned counsel for the applicant submitted that parties have entered into compromise on 26.04.2023, therefore, in light of compromise entered between the parties, criminal proceedings against the applicant may be quashed.
Learned counsel for the opposite party No. 2 has filed short counter affidavit in which he has not objected the aforesaid fact and submitted that in case proceedings is quashed, he would have no objection.
In view of the facts and circumstances of the case, the applicant 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 Bureau 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
Raj
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