Allahabad High Court
Mohammad Mubin Alias Munna And 2 ... vs State Of U.P. And Another on 31 July, 2023
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:152590
Court No. - 87
Case :- APPLICATION U/S 482 No. - 21929 of 2023
Applicant :- Mohammad Mubin Alias Munna And 2 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 A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 21.10.2022 in Case No. 1931 of 2023, arising out of case crime No. 129 of 2022(State Vs. Mubin alia Munna and other), under Sections- 323, 504, 506 I.P.C., Police Station- Mantola, District- Agra on the basis of compromise.
3. The case was heard on 13.06.2023 and the Court has passed the following order:-
"Heard learned counsel for the applicants, learned State counsel and perused the record.
The present application has been filed by the applicants with the prayer to quash the charge sheet dated 21.10.2022 and the entire proceeding of Case No. 1931 of 2023, arising out of Case Crime No. 129 of 2022, under Sections 323, 504, 506 IPC, Police Station Mantola, District Agra, pending in the court of Additional Chief Judicial Magistrate, Court No.4, Agra on the basis of compromise entered into between the applicants and the opposite party no. 2.
Learned counsel for the applicants argued that the parties have entered into compromise which is dated 3.5.2023, copy of the said compromise is annexed as Annexure No.3 to the affidavit filed 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 Chief Judicial Magistrate, Agra who shall verify the same within two weeks thereafter and send his report to this Court.
List on 17.7.2023 as fresh.
Till the next date of listing, no coercive action shall be taken against the applicants namely, Mohammad Mubin @ Munna, Naseem and Rishabh @ Risaf @ Yaseen."
4. Pursuant to order dated13.06.2023, compromise has been verified by the trial Court on 03.07.2023 and the same has been sent to this Court by Chief Judicial Magistrate, Agra vide letter dated 15.07.2023.
5. Learned A.G.A. 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 learned A.G.A. 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 :- 31.7.2023
ADY
