Allahabad High Court
Alam @ Amir Alam And 16 Others vs State Of U.P. And Another on 21 July, 2023
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:146161
Court No. - 87
Case :- APPLICATION U/S 482 No. - 1246 of 2023
Applicant :- Alam @ Amir Alam And 16 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ram Raj Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the charge sheet No. 196 of 2020 dated 30.08.2020 as well as entire proceedings of Criminal Case No. 4145 of 2020, arising out of Case Crime No. 111 of 2020, under Sections- 147, 148, 149, 323, 504, 506, 352 I.P.C., Police Station- Singhawali, District- Bagpat , pending in the court of learned Chief Judicial Magistrate Sant Kabir Nagar.
3. The case was heard on 12.01.2023 and the Court has passed the following order:-
"List revised.
Heard Sri Ram Raj Pandey, learned counsel for the applicants, Ms. Arti Agarwal, learned State counsel and perused the record.
Learned counsel for the applicants argued that the parties have entered into compromise, copy of which is annexed as annexure no. 3 to the affidavit in support of present 482 Cr.P.C. application. It is argued that as such the present proceedings be quashed.
Looking to the facts of the case, it is provided that the applicants shall file the said compromise within a period of two weeks from today before the C.J.M., Baghpat who shall verify the same within three weeks thereafter and send his report to this Court within two weeks.
List on 24.02.2023.
Till the next date of listing, further proceedings of Case No. 4145 of 2020, arising out of Case Crime No. 111 of 2020, under Sections 147, 148, 149, 323, 504, 506, 352 IPC, P.S. Singhawali Aheer, District Baghpat (State Vs. Alam and others), pending in the Court of learned Judicial Magistrate, Baghpat against the applicants Alam @ Amir Alam, Aas Mohammad, Arif, Rashid, Soyeb, Mustaq, Sahanwaj, Asfaq, Shahrukh, Salim, Momin, Fariyad, Amir, Farukh, Shahjad, Savez and Hasrat shall remain stayed only."
4. Pursuant to order dated 12.01.2023, compromise has been verified by the trial Court vide order dated 06.02.2023 and the same has been received to this Court from Judicial Magistrate, Bagpat vide letter dated 07.02.2023.
5. 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.
6. 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.
7. 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.
8. The present application is, accordingly allowed.
9. No order as to costs.
Order Date :- 21.7.2023
ADY
