Babu And 6 Others vs State Of U.P. And Another
2024 Latest Caselaw 36189 ALL

Allahabad High Court

Babu And 6 Others vs State Of U.P. And Another on 5 November, 2024

Author: Manish Mathur

Bench: Manish Mathur

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:173272
 
Court No. - 74
 

 
Case :- APPLICATION U/S 482 No. - 32454 of 2017
 

 
Applicant :- Babu And 6 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ajay Kumar Yadav,Amar Jeet Upadhyay,Shaheen Ansari
 
Counsel for Opposite Party :- G.A.,Mohd. Akbar Shah Alam Khan,Sanjay Kumar Shrivastava
 

 
Hon'ble Manish Mathur,J.
 

1. Heard learned counsel for the applicants, learned A.G.A. for the opposite party no. 1-State and Mr.Mohd. Akbar Shah Alam Khan, learned counsel for the opposite party no. 2.

2. Application under Section 482 Cr.P.C. bearing No. 32451 of 2017 has been filed for quashing of Case No. 7046 of 2016 arising out of Case Crime No. 234 of 2016 registered under Sections 147, 148, 149, 325, 308, 504, 506, 323 I.P.C., Police Station-Budhana, District-Muzaffarnagar, pending in the court of C.J.M, Muzaffarnagar whereas Application under Section 482 Cr.P.C. bearing No. 32454 of 2017 has been filed with a prayer for quashing the entire proceedings of Case No. 925 of 2016 arising out of Case Crime No. 231 of 2016 registered under Sections 147, 148, 149, 324, 452, 504, 506 I.P.C., Police Station-Budhana, District-Muzaffarnagar pending in the court of C.J.M. Muzaffarnagar.

3. Learned counsel for the parties submits that aforesaid cases are cross cases filed by the parties against once another.

4. Attention has been drawn to the order dated 06.10.2017 whereby this Court had noticed the submission of learned counsel for the parties that a compromise has been arrived at between them due to which directions were issued for verification of the compromise.

5. Supplementary affidavit dated 06.02.2023 indicating the certified copy of order dated 01.11.2017 whereby the aforesaid compromise has been verified by the C.J.M. Muzaffarnagar.

5. Learned counsel for the parties on the basis of instructions also admits the same.

6. In view of conditions indicated in judgment rendered by Hon'ble the Supreme Court in Gian Singh versus State of Punjab reported in 2012 (10) SCC 303, the compromise shall form part of this order and a result thereof, the proceedings inCase No. 7046 of 2016 arising out of Case Crime No. 234 of 2016 registered under Sections 147, 148, 149, 325, 308, 504, 506, 323 I.P.C., Police Station-Budhana, District-Muzaffarnagar, pending in the court of C.J.M, Muzaffarnagar and Case No. 925 of 2016 arising out of Case Crime No. 231 of 2016 registered under Sections 147, 148, 149, 324, 452, 504, 506 I.P.C., Police Station-Budhana, District-Muzaffarnagar pending in the court of C.J.M. Muzaffarnagar are quashed.

7. The application stands allowed, in terms of the conditions of compromise.

Order Date :- 5.11.2024

SY