Harjinder Singh Alias Gora Singh ... vs State Of U.P. And Another
2023 Latest Caselaw 18383 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:144481
 
Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 17092 of 2023
 

 
Applicant :- Harjinder Singh Alias Gora Singh And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Durgesh Kumar Singh,Anil Kumar Rai
 
Counsel for Opposite Party :- G.A.,Jyoti Prakash,Sharad Chandra
 

 
Hon'ble Neeraj Tiwari,J.

Supplementary and short counter affidavit filed today are taken on record.

Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Jyoti Prakash alongwith Sri Sharad Chandra, learned counsels for the opposite party No.2.

The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Complaint Case No. 362 of 2014(Surendra Singh Vs. Harjinder Singh), under Section-307, 452, 323, 504 & 506 I.P.C., Police Station-Banda, District-Shahjahanpur.

Learned counsel for the applicants submitted that applicants and opposite party No. 2 belong to the same family and due to some personal differences a quarrel took place between the parties resulting in lodging of the present FIR. He firmly submitted that it is a case of no injury and applicants are having no criminal history and now the matter has also been amicably settled between the parties at the instance of respectable persons of locality. He next submitted that a short counter affidavit has also been filed by the learned counsel for opposite party No. 2 to this effect, therefore, in light of said affidavit filed by learned counsel for the opposite party No. 2, criminal proceedings against the applicants may be quashed.

Learned counsel for the opposite party No. 2 has not objected the aforesaid fact and submitted that in case proceedings against the applicants is quashed, he would have no objection.

In view of the facts and circumstances of the case, 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 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 :- 20.7.2023

ADY