Allowed

Arshad Khan and Another v. State of U.P. and Another

Allahabad HC6 Oct 2023A482/31290/2023

Case brief

AI extract

What is this about?

The High Court allowed an application under Section 482 CrPC to quash criminal proceedings. The court found that the parties had mutually settled the dispute, verified by the trial court opinions, and no useful purpose would be served in continuing the litigation.

What did the court decide?

The proceedings of Criminal Case No. 549 of 2014 against the applicants are quashed.

Arshad Khan and Another Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:192616

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 31290 of 2023

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Applicant :- Arshad Khan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Awadhesh Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Despite service of notice upon opposite party no. 2, none has appeared on his behalf to press this application.

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Heard learned counsel for the applicants and learned A.G.A. for the State/opposite party no. 1.

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This application under Section 482 Cr.P.C. has been filed by the applicants to quash the entire proceeding of Criminal Case No. 549 of 2014 (State vs. Arshad Khan & another), arising out of Case Crime No. 713 of 2013, under Sections 420, 406, 504, 506 IPC, Police Station-Bahedi, District- Bareilly.

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Counsel for the applicants submits that parties had already settled their dispute amicably out of Court and entered into a compromise, thereafter, applicants approached this Court in Application U/S 482 No. 5220 of 2023 and this Court vide order dated 10.04.2023 referred the matter to trial court for verification of the compromise deed. Thereafter, trial court in pursuance of the order dated 10.04.2023 verified the parties and passed an order on 05.05.2023. He next submits that opposite party no. 2 does not want to proceed any further against the applicants in the present case. He next submits that opposite party no.2/informant appeared before the trial court and he was duly verified by his counsel and accepted the settlement made between the parties, which is apparent from the order of the trial court dated 05.05.2023.

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Learned counsel A.G.A. does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him.

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Considered the submissions made by learned counsel for the parties and perused the entire record.

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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 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 in the matters of Krishnappa & Ors. vs. State of Karnataka; 2021 0 Supreme(SC) 529, Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. vs. State of Gujarat and another; 2017 9 SCC 641, B.S. Joshi Vs. State of Haryana; 2003(4) SCC 675, Nikhil Merchant Vs. Central Burea of Investigation and another; (2008) 9 Supreme Court Cases 677, Gian Singh Vs. Stated of Punjab; (2012) 10 SCC 303 and Narinder Singh & others Vs. State of Punjab and another; (2014) Supreme Today 642, the proceedings of the aforesaid case should be quashed.

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The proceedings of Criminal Case No. 549 of 2014 (State vs. Arshad Khan & another), arising out of Case Crime No. 713 of 2013, under Sections 420, 406, 504, 506 IPC, Police StationBahedi, District- Bareilly, are hereby quashed against the applicants.

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This application under Section 482 CrPC is accordingly allowed .

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Order Date :- 6.10.2023 Aditya

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Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad

Arshad Khan and Another v. State of U.P. and Another

Case brief

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Arshad Khan and Another v. State of U.P. and Another

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