Allahabad High Court
Vishnu And Another vs State Of U.P. And Another on 20 July, 2023
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:144757
Court No. - 87
Case :- APPLICATION U/S 482 No. - 13878 of 2022
Applicant :- Vishnu And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Rajneesh Tripathi
Counsel for Opposite Party :- G.A.,Raj Kumar Mishra
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants, learned AGA for the State and Sri Raj Kumar Mishra, learned counsel for the opposite party no.2.
The present 482 Cr.P.C. application has been filed to quash the impugned charge-sheet as well as entire proceedings of Special Session Trial No. 24 of 2021 arising out of Case Crime No. 200 of 2020 under Sections 323 and 504 IPC and Section 3(1)(Da) SC / ST Act, P.S. Kurawali, District Mainpuri. The trial of the case is pending before the Special Judge (SC / ST Act), Mainpuri.
Case was heard on 3.6.2022, Court has passed the following order:-
"A short counter affidavit has been filed on behalf of opposite party no. 2 by Sri Anil Kumar Yadav, Advocate which is taken on record.
This application under Section 482 Cr.P.C. has been filed to quash the impugned charge-sheet as well as entire proceedings of Special Session Trial No. 211 of 2021 arising out of Case Crime No. 200 of 2020 under Sections 323 and 504 IPC and Section 3(1)(Da) SC / ST Act, P.S. Kurawali, District Mainpuri. The trial of the case is pending before the Special Judge (SC / ST Act), Mainpuri.
It has been stated by the counsel for the applicants that the parties have entered into a compromise.
The applicants may file their compromise before the trial court which shall verify the same and send a report regarding verification before the next date fixed in the case.
On the next date fixed in the case, the applicants may also file a certified copy of the verification order, if any, passed by the trial court on the compromise application of the applicants.
Put up again as fresh on 19th July, 2022.
Meanwhile, further proceedings in Special Session Trial No. 211 of 2021 arising out of Case Crime No. 200 of 2020 under Sections 323 and 504 IPC and Section 3(1)(Da) SC / ST Act, P.S. Kurawali, District Mainpuri shall remain stayed."
Pursuant to the order of this Court dated 3.6.2022, learned Special Judge, SC/ST (P.A.), Act, Mainpuri has submitted its report on 31.1.2023 verifying the compromise deed entered into between the parties.
Learned counsel for the applicants submitted that opposite party no. 2 has also filed affidavit before this Court supporting the case of applicants with specific averment that in case proceedings are quashed, he would have no objection.
Sri Raj Kumar Mishra, 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.
It is made clear that before closing the proceeding, Trial Court is directed to ascertain as to whether any amount has been paid by State Government to opposite party no. 2 or not and in case, such amount is paid, he shall ensure the deposit of same within four weeks from the date of production of certified copy of this order. In case, amount is received and not deposited within the time given by the Trial Court, this order would loss its effect and Trial Court shall proceed the trial in accordance with law.
The present application is, accordingly allowed. No order as to costs.
Order Date :- 20.7.2023
Arvind
