Allahabad High Court
Ajay Kumar Soni And 2 Others vs State Of U.P. And 2 Others on 20 July, 2023
Bench: Surendra Singh-I
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:145280
Court No. - 92
Case :- APPLICATION U/S 482 No. - 21487 of 2023
Applicant :- Ajay Kumar Soni And 2 Others
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Sushil Kumar Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Surendra Singh-I,J.
Supplementary affidavit filed on behalf of applicants in the Court today is taken on record.
Learned counsel for the applicants has produced the certified copy of agreement of settlement/compromise verification report, which is taken on record.
Heard Sri Sushil Kumar Pandey, learned counsel for the applicants, Sri K.K. Tripathi, learned A.G.A. for the State and perused the record.
This application u/s 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Case No. 21/IX of 2023 (State vs. Ajay Kumar Soni and others), arising out of Case Crime No. 588 of 2022, under sections 323, 506 and 354B I.P.C., P.S. Kotwali, district-Mathura, pending in the court of Civil Judge (J.D.)/F.T.C. Crime Against Women/Judicial Magistrate, Mathura, as well as chargesheet dated 7.10.2022 and cognizance order dated 7.2.2023.
In compliance of the order of this Court dated 7.6.2023, applicants and opposite parties have appeared before the concerned trial court along with certified copy of settlement of agreement/compromise and filed application for verification of the compromise on 22.6.2023, which was duly verified by the trial court.
Since applicants, Ajay Kumar Soni, Indraj, Krishna Soni and opposite parties, Mahesh Kaushik and Sunita have amicably settled their and entered into a compromise, copy whereof has been filed as Annexure-3 to the affidavit accompanying this application. According to both the counsels there is no dispute left out any more in between the parties and they wish no more litigation in between them.
Learned counsel for the opposite party nos. 2 and 3 states that the matter has been compromised and the opposite party nos. 2 and 3 do not want to pursue the matter any further as the matter has been amicably settled between the parties and opposite party nos. 2 and 3 have no objection if the present application in question is allowed and the impugned proceedings be quashed.
In view of the fact that 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 principles 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 Judgment of the Apex Court reported in J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of investigation and another), the proceeding of Case No. 21/IX of 2023 (State vs. Ajay Kumar Soni and others), arising out of Case Crime No. 588 of 2022, under sections 323, 506 and 354B I.P.C., P.S. Kotwali, district-Mathura, pending in the court of Civil Judge (J.D.)/F.T.C. Crime Against Women/Judicial Magistrate, Mathura is hereby quashed
The present writ petition is accordingly allowed.
Order Date :- 20.7.2023
Faridul
