Allahabad High Court
Bharat Soni And 3 Others vs State Of U.P. And Another on 28 July, 2023
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:151985
Court No. - 87
Case :- APPLICATION U/S 482 No. - 27366 of 2022
Applicant :- Bharat Soni And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Prem Babu Verma,Anita Singh,Kumari Poonam Rajpoot,Nirmla Kumari
Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants and learned AGA for the State.
Case was heard on 26.9.2022, Court has passed the following order:-
"Heard learned counsel for the applicants and learned A.G.A. for the State. Perused the record.
This application u/s 482 Cr.P.C. has been preferred seeking the quashing the impugned summoning order dated 6.4.2018 as well as entire proceeding of Case No.1162 of 2018 arising out of Case Crime No.585 of 2017, under Sections 147, 323, 325, 352, 354B and 452 IPC, Police Station- Jagdishpura, District- Agra.
The submission of learned counsel for the applicants is that through good offices of certain well-meaning persons the parties have amicably settled the dispute among themselves and have mutually compromised in the matter. According to the counsel there is no dispute left out any more in between the parties and they wish no more litigation in between them.
The contention of the counsel for the applicants is that as the opp. parties are not interested to pursue the matter pending in the lower court and is not inclined to give any evidence against the accused, the acquittal of the accused-applicants is now a foregone conclusion. It shall be a sheer abuse of the court's process, if the proceedings going on in the lower court are still allowed to go on further. Submission therefore is that in the wake of the inter-se compromise arrived at in between the parties, the impugned proceedings ought to be quashed.
Let compromise, if any, be filed before trial court, where it shall be verified in presence of both sides and after its verification, certified copy of compromise along with verification report of trial court concerned, be filed on record of this Court, by way of supplementary affidavit.
List this case on 15th November, 2022 as fresh.
The further proceedings of the aforesaid case shall remain stayed till the next date of listing with regard to the applicants."
Pursuant to the order of this Court dated 26.9.2022, learned Additional Civil Judge (Junior Division), Court No.4, Agra has submitted its report on 28.11.2022 verifying the compromise deed entered between the parties.
Learned AGA has not disputed the aforesaid facts and also submitted that in case aforesaid proceeding is quashed, he would have no objection.
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.
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 summoning order dated 6.4.2018 as well as entire proceeding of Case No.1162 of 2018 arising out of Case Crime No.585 of 2017, under Sections 147, 323, 325, 352, 354B and 452 IPC, Police Station- Jagdishpura, District- Agra is hereby quashed.
The present application is, accordingly allowed. No order as to costs.
Order Date :- 28.7.2023
Junaid
