Citation : 2024 Latest Caselaw 19327 ALL
Judgement Date : 27 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:96319 Court No. - 89 Case :- APPLICATION U/S 482 No. - 46237 of 2023 Applicant :- Vinod Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishe Pandey,Sushil Kumar Sharma Counsel for Opposite Party :- Akhilesh Kumar,G.A. Hon'ble Mayank Kumar Jain,J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State .
2.The present 482 Cr.P.C. application has been filed praying for quashing the impugned summoning order dated 01.12.2022 passed by learned Civil Judge (J.D.)/Judicial Magistrate, Sambhal, situated Chandausi in Complaint Case No. 941 of 2023 (Mahavir Vs. Vinod Kumar) under Sections 406, 417, 420 I.P.C, Police Station Chandausi, District Sambhal, pending before the court of learned Civil Judge (J.D.)/Judicial Magistrate, Sambhal, situated Chandausi.
3. Learned counsel for the applicant submits that vide order dated 04.04.2024 passed by this Court, the learned trial court was directed to verify the compromise deed dated 10.02.2024, entered between the parties. In furtherance, to it, the compromise deed dated 10.02.2024 has been verified by the court concerned. The verification report of the court concerned is kept on record.
4. 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, which has also been verified by the concerned Court below, vide its report dated 22.05.2024, therefore, no useful purpose would be served in proceeding with the matter further.
5. 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) as well as the Judgment of the Apex Court reported in J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another), the entire proceedings of the aforesaid case is hereby set aside.
6. The present application is accordingly allowed.
Order Date :- 27.5.2024
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