Allahabad High Court
Tuhin Sinha And 2 Others 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:152574
Court No. - 87
Case :- APPLICATION U/S 482 No. - 21453 of 2023
Applicant :- Tuhin Sinha And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Krishna Dev Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
1. Supplementary affidavit filed today is taken on record.
2. Heard learned counsel for the applicants and learned A.G.A. for the State.
3. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 21.09.2022 as well as entire proceedings of Criminal Case No. 1375 of 2022(State Vs. Thin sinha and others) arising out of Case Crime No. 107 of 2022, under Sections- 498-A, 323, 504, 406 I.P.C. and 3/4 D.P. Act, Police Station- Mahila Thana, District- Gautam Budh Nagar, pending in the court of learned Civil Judge(J.D.)/F.T.C.-IInd, Gautam Budh Nagar.
4. The case was heard on 14.06.2023 and the Court has passed the following order:-
"1. Heard learned counsel for the applicants, learned State counsel and perused the record.
2. The present application has been filed by the applicants with the prayer to quash/stay the charge sheet dated21.9.2022 and the entire proceeding of Criminal Case No. 1375 of 2022 (State Vs. Tuhin Sinha and others), arising out of Case Crime No.107 of 2022, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of D.P. Act, Police Station Mahila Thana, District Gautam Budh Nagar, pending in the court of learned Civil Judge (J.D.)/F.T.C.IInd, Gautam Budh Nagar on the basis of compromise entered into between the applicants and the opposite party no. 2.
3. Learned counsel for the applicants argued that the parties have entered into compromise which is dated 10.5.2023, copy of the said compromise is annexed as Annexure No.8 to the affidavit filed in support of present 482 Cr.P.C. application. It is argued that as such the present proceedings be quashed.
4. Notice on behalf of opposite party no.1 has been accepted by learned A.G.A.
5. Issue notice to the opposite party no.2 returnable at an early date.
6. 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.
7. List on 17.7.2023 as fresh.
8. Till the next date of listing, no coercive action shall be taken against the applicants namely, Tuhin Sinha, Yashwat Raj and Smt. Raj Laxmi."
5. Pursuant to order dated14.06.2023, compromise has been verified by the trial Court on 10.07.2023 and the same has been sent to this Court by Civil Judge(J.D.) F.T.C. 2 Crime Against Women, Gautam Budh Nagar, vide letter dated 14.07.2023.
6. Learned A.G.A. has not objected the aforesaid fact and submitted that in case proceedings is quashed, he would have no objection.
7. 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.
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 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.
9. The present application is, accordingly allowed.
10. No order as to costs.
Order Date :- 31.7.2023
ADY
