Kanchan Singh And 5 Others vs State Of U.P. And Another
2023 Latest Caselaw 15048 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:102878
 
Court No. - 70
 

 
Case :- APPLICATION U/S 482 No. - 35579 of 2022
 

 
Applicant :- Kanchan Singh And 5 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Rahul Kumar Sharma
 
Counsel for Opposite Party :- G.A.,Chandra Kant Tripathi
 

 
Hon'ble Shekhar Kumar Yadav,J.

Heard learned counsel for the applicants, Sri Rahul Kumar Sharma, Sri Chandra Kant Tripathi, learned counsel for the opposite party no.2 and learned A.G.A. for the State.

The present application U/S 482 Cr.P.C. has been filed for quashing the entire criminal proceedings on the basis of compromise of Criminal Case No. 129 of 2000(Old Criminal Case No. 1328 of 1985) (State Vs. Jawahar & others), arising out of Case Crime No. 30 of 1985, under Sections 147, 148, 149, 307, 323, 324, 325, 436, 452 IPC, P.S. Mursan Kotwali, District Hathras as well as the impugned charge sheet dated 23.4.1985.

Learned counsel for the applicants contends that the matter has been compromised between the parties and the same has verified vide order dated 17.2.2023 by the court below. It is thus contended that the dispute has been settled between the parties. Learned counsel for the applicant has placed reliance on the judgment of Apex Court in the case of Manoj Sharma Vs. State, (2008)16 SCC1, Narinder Singh Vs. State of Punjab, (2014) 6 SCC 466, Yogendra Yadav Vs. State of Jharkhand (2014) and has submitted that since the mater has been compromised between the parties amicably, hence no fruitful purpose would be served if the prosecution of the applicants in the present case is allowed to go on as no grievance is left to the opp. party no.2, therefore, the present case be finally decided.

Learned counsel for the opposite party no.2 also states that the dispute has been amicably settled between the parties and that the opposite party no.2 does not want to proceed further with the matter.

In view of the fact that the parties do not want to pursue the case any further as stated by them and as the matter is purely of personal nature, which has been mutually settled between the parties, in view of the compromise deed, therefore, no useful purpose would be served in proceeding with the matter further.

Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana, Manoj Sharma Vs. State, (2008)16 SCC1, Narinder Singh Vs. State of Punjab, (2014) 6 SCC 466 and Yogendra Yadav Vs. State of Jharkhand reported in (2014), Nikhil Merchant Vs. Central Bureau of investigation and another,J.T., 2008(9) SC 192 the proceedings of the aforesaid case is hereby set aside.

The present application is accordingly allowed.

Order Date :- 12.5.2023/A.