Rahul And 6 Others vs State Of U.P. And Another
2023 Latest Caselaw 18740 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:147148
 
Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 23255 of 2022
 

 
Applicant :- Rahul And 6 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Amit Kumar
 
Counsel for Opposite Party :- G.A.,Ram Shiromani Yadav
 

 
Hon'ble Neeraj Tiwari,J.

1. Heard learned counsel for the applicants, learned AGA for the State and SriRam Shiromani Yadav, learned counsel for the opposite party no.2.

2. By means of instant application under Section 482 Cr.P.C, the applicants have assailed the proceeding of Case No. 20077 of 2020 as well as the cognizance order dated 05.12.2020 arising out of Case Crime No. 452 of 2019, under Sections 498A, 504, 506 IPC and 3/4 D.P. Act, Police Station- Bilari, District- Moradabad pending in the court of Additional Chief Judicial Magistrate, Court No.3, Moradabad.

3. Learned counsel for the applicant submitted that this Court vide order dated 4.8.2022 referred the matter to Mediation Centre and ultimately parties have entered into compromise. Agreement to the same was also recorded before the Mediation Centre. Report of Mediation Centre is prepared on 2.3.2023. He lastly submitted that in light of compromise entered between the parties, proceedings may be quashed for which SriRam Shiromani Yadav, learned counsel for the opposite party no.2 has no objection.

4. I have perused the report of Mediation Centre dated 2.3.2023. From perusal of the same, mediation has been completed and in terms of agreement dated 2.3.2023, parties have entered into compromise and living separately. Further, they do not want to pursue the criminal proceedings against each other.

5. 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.

6. 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.

7. The present application is, accordingly allowed. No order as to costs.

Order Date :- 24.7.2023

Junaid