Allowed

Rehan Ahmad and 2 Others v. State of U.P. and Another

Allahabad HC2 Aug 2023A482/12849/2020

Case brief

AI extract

What is this about?

The High Court allowed an application under Section 482 Cr.P.C. to quash criminal proceedings based on a prior order allowing quashing in a related case between the same parties. The court quashed the proceedings due to a mutual settlement and finding that no useful purpose would be served by further litigation.

What did the court decide?

The criminal proceedings of Case No. 3133 of 2018 and the summoning order dated 24.11.2018 are quashed.

Rehan Ahmad and 2 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:154693

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Court No. - 87

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Case :- APPLICATION U/S 482 No. - 12849 of 2020

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Applicant :- Rehan Ahmad And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Balbeer Singh,Avanish Kumar Shukla,Mithilesh Kumar Shukla Counsel for Opposite Party :- G.A.,Pintu Tiwari

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Hon'ble Neeraj Tiwari,J.

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Heard Sri Mithilesh Kumar Shukla alongwith Sri Balbeer Singh, learned counsels for the applicants, learned A.G.A. for the State and Pintu Tiwari. learned counsel for the opposite party No. 2.

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The present 482 Cr.P.C. application has been filed to quash the summoning order dated 24.11.2018 as well as entire proceedings of Case No. 3133 of 2018, under Sections- 323, 327, 342, 354, 120B, 363, 386, 504, 506 I.P.C., Police Station- Nai Ki Mandi, District- Agra, pending in the court of Special Chief Judicial Magistrate, Agra.

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Learned counsel for the applicants submitted that this Court vide order dated 02.08.2023 passed in Application U/S 482 No. - 32862 of 2018(Rehan And 5 Others Vs. State of U.P. and Another) has allowed the application and quashed the criminal proceeding against the applicants in light of compromise entered between the parties.

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He next submitted that as this case is also between the same parties as in Application U/S 482 No. - 32862 of 2018, therefore, this application may also be allowed on the same terms and conditions and criminal proceeding against the applicants may be quashed.

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Learned counsel for the opposite party No. 2 has not object the aforesaid fact and submitted that in case criminal proceeding against the applicants are quashed, he would have no objection.

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In view of the facts and circumstances of the case, the applicants and opposite party no. 2 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

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proceeding with the matter further.

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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.

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The present application is, accordingly allowed .

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No order as to costs.

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Order Date :- 2.8.2023 ADY

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Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad

Rehan Ahmad and 2 Others v. State of U.P. and Another

Case brief

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Rehan Ahmad and 2 Others v. State of U.P. and Another

Case brief

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