Allahabad High Court
Gayyurul Islam And 2 Others vs State Of U.P. And Another on 27 July, 2023
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:150515
Court No. - 87
Case :- APPLICATION U/S 482 No. - 17497 of 2023
Applicant :- Gayyurul Islam And 2 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Saiyad Iqbal Ahmed
Counsel for Opposite Party :- G.A.,Ashutosh
Hon'ble Neeraj Tiwari,J.
1. Case was called out in revise. Learned counsel for the applicants as well as learned AGA for the State is present whereas Sri Ashutosh, learned counsel for the opposite party no.2 is not present.
2. Case was heard on 6.6.2023, Court has passed the following order:-
1. This application has been filed for quashing the entire criminal proceedings of Special Sessions Trial No.119 of 2022 (State of U.P. Vs. Gayyurul Islam and others) pending before the Special Judge, POCSO Act/ Additional Sessions Judge, Sambhal at Chandausi arising out of Case Crime No.233 of 2022, under Sections 323, 504, 506, 354-Kha IPC and Section 7/8 of POCSO Act, P.S. Nakhasa, District Sambhal and for quashing the charge sheet No.285 of 2022 dated 31.07.2022 as well as cognizance/summoning order dated 18.10.2022.
2. Learned counsel for both the parties are present and have jointly submitted that the parties have settled the dispute and have reduced the same in writing dated 13.04.2023, a copy whereof has been annexed as Annexure No.5 to the affidavit supporting the application.
3. Let a proper compromise be filed by the parties before the court below within a period of three weeks from today.
4. The court concerned shall verify the compromise on or before 12.07.2023 after calling upon the parties and shall forward its report along a copy of the duly verified compromise to this Court on 27.07.2023.
5. Put up this case as fresh on 27.07.2023 before appropriate Bench.
6. Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.
3. Pursuant to the order of this Court dated 6.6.2023, learned District Judge, Shambhal has submitted its report on 5.7.2023 verifying the compromise deed entered between the parties.
4. Learned AGA has not disputed the aforesaid facts and also submitted that in case aforesaid proceeding is quashed, he would have no objection.
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 Special Sessions Trial No.119 of 2022 (State of U.P. Vs. Gayyurul Islam and others) pending before the Special Judge, POCSO Act/ Additional Sessions Judge, Sambhal at Chandausi arising out of Case Crime No.233 of 2022, under Sections 323, 504, 506, 354-Kha IPC and Section 7/8 of POCSO Act, P.S. Nakhasa, District Sambhal and for quashing the charge sheet No.285 of 2022 dated 31.07.2022 as well as cognizance/summoning order dated 18.10.2022 are hereby quashed.
7. The present application is, accordingly allowed. No order as to costs.
Order Date :- 27.7.2023
Junaid
