Citation : 2023 Latest Caselaw 19004 ALL
Judgement Date : 25 July, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:148344 Court No. - 87 Case :- APPLICATION U/S 482 No. - 174 of 2020 Applicant :- Hatam Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.
1. Heard learned counsel for the applicants and learned AGA for the State.
2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 27.08.2012 as well as cognizance order dated 30.10.2012 in Case No. 1604 of 2012 (State vs. Deoki Nandan and others) arising out of case crime no. 122 of 2012, under Sections 323, 324, 325, 308, 504, 506 IPC, Police Station- Dauki, District Agra, pending in the Court of A.D.J.-XIIIth Agra.
3. Vide order dated 17.02.2023, this Court has directed the trial Court to verify the compromise deed.
4. Pursuant to the order of this Court dated 17.02.2023, learned Additional District & Sessions Judge, Court No. 20, Agra has submitted its report on 19.07.2023 verifying the compromise deed entered between the parties.
5. Learned counsel for applicants submitted that now parties have entered into compromise, therefore, proceeding of the aforesaid case may be quashed.
6. Learned A.G.A. has not disputed the aforesaid facts and also submitted that in case aforesaid proceeding is quashed, he would have no objection.
7. 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.
8. 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.
9. The present application is, accordingly allowed. No order as to costs.
Order Date :- 25.7.2023
Sartaj
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