Mohammad Tanveer Alias Tanveer Ahmad And 4 v. State of U.P & Anr.

#2. Heard Sri Salman Ahmad, learned counsel for the applicants, Sri Shareek Nadeem, Advocate holding brief of Sri Saqib Meezan, learned counsel for the opposite party no. 2, Sri Ajay Singh, learned counsel for the State and perused the records.

#3. The present application under Section 482 Cr.P.C. has been filed by the applicants- Mohammad Tanveer @ Tanveer Ahmad, Khursheed Ahmad, Ziaur Rahman, Mutmur Rahman @ Matiurrahman and Mohammad Abdullah with the prayer to quash the impugned charge sheet dated 28.07.2022, arising out of case crime no. 25/2022, u/s 147, 452, 323, 504, 308, 354B, 427, 448 IPC, P.S. Khuldabad, District Prayagraj and the entire proceedings of case no. 1648/2022, (State Vs. Tanveer Ahamd and others), pending before the court of learned A.C.J.M., Court No. 8, Allahabad in terms of compromised.

#4. Learned counsel for the applicants states that an order was passed by a co-ordinate Bench of this Court vide order dated 16.05.2024 directing the applicants to file the said compromise deed before the court concerned which was to be verified by the court concerned. In pursuance of the said order, the court concerned vide order dated 03.07.2024 verified the said compromise, copy of the same is on record. The same is not disputed by learned counsel for the opposite party no.2. It is further submitted that although in the radio gram Abid Ali was found to have had fracture on the left 8th rib but there was no internal damage beneath it.

#5. The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed.

#6. From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings, charge sheet as well as cognizance/summoning order as prayed for by the applicant(s).

#7. The present application is allowed.

#8. The entire proceeding as well as charge sheet dated 28.07.2022 of the aforesaid case are hereby quashed subject to the applicants depositing Rs.10,000/- before the concerned trial court which shall be utilized by the District Legal Services Authority of the district. Order Date :- 19.7.2024 Nisha (Samit Gopal,J.)