Court No. - 49
Case :- APPLICATION U/S 482 No. - 41851 of 2018
Applicant :- Abhishek Agrawal
Opposite Party :- State Of Up And 2 Ors
Counsel for Applicant :- Vivek Kumar Maheshwari
Counsel for Opposite Party :- G.A.
And
Case :- APPLICATION U/S 482 No. - 36922 of 2018
Applicant :- Abhishek Agrawal And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Vivek Kumar Maheshwari Counsel for Opposite Party :- G.A.,Vibhu Rai
Hon'ble Vivek Chaudhary,J.
Heard learned counsel for the parties, learned AGA for the State and perused the record.
By means of the application no. 41851 of 2018, under Section 482 Cr.P.C., the applicant has prayed for quashing of the entire proceedings of Case No. 6097 of 2016(pending before the Additional Chief Judicial Magistrate, Court No. 5, Moradabad) in Relation to Case Crime No. 922 of 2016, under section 507 I.P.C., Police Station-Civil Lines, Moradabad on the basis of compromise entered between the parties.
Application No. 36922 of 2018, under section 482 Cr.P.C. is filed for quashing of the entire proceedings of Case No. 4259/9 of 2017(pending before the Additional Chief Judicial Magistrate, Court No. 5, Moradabad) in relation to Case Crime No. 26 of 2016, under sections 498-A,323,504,506 I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station-Mahila Thana-Moradabad on the basis of compromise entered between the parties.
It has been contended by learned counsel for the applicants that the applicants have approached this Court by filing present Criminal Miscellaneous Applications under Section 482 Cr.P.C. for quashing of the entire criminal proceedings of the Case No. 6097 of 2016 and Case No. 4259/9 of 2017. He further submits that the parties have settled their dispute through compromise and the applicants have filed Application U/s 482 No. 36658 of 2018, in which this court vide order dated 20-11-2018, has quashed the proceedings of the one of the case bearing no. 214/11 of 2017, under section 12 of Protection of Women from Domestic Violence Act, 2005, pending between the parties.
Learned counsel for the applicants in support of his contention has placed reliance on the judgment of Apex Court in the case of Apex Court in the case of Manoj Sharma Vs. State, (2008)16 SCC1, Narinder Singh Vs. State of Punjab, (2014) 6 SCC 466 and Yogendra Yadav Vs. State of Jharkhand reported in (2014) 9 SCC 653 and has submitted that the applicants and opp. parties no. 2 & 3 have compromised the dispute and as such opp. parties no. 2 & 3 do not want to press the present cases against the applicants.
Learned counsel for opp. parties no. 2 & 3 and learned AGA have stated that they have no objection if the proceeding of the aforesaid case is quashed against the applicant.
From the perusal of the record it is apparent that parties have entered in to compromise and have settled their dispute amicably.
In this regard, the view taken by the Apex court in the case of Manoj Sharma Vs. State (supra), Narinder Singh Vs. State of Punjab (supra) & Yogendra Yadav Vs. State of Jharkhand (supra), which have been relied upon by the learned counsel for the applicant finds force that this court in exercise of its inherent power under section 482 Cr.P.C. can quash the proceeding as the dispute has been amicably settled between the parties.
Hence, considering the facts and circumstances of the case and nature of offence the proceeding of the aforesaid cases are hereby quashed.
Both the 482 Cr.P.C. applications/petitions stand allowed.
Order Date :- 19.12.2018 AKS
(Vivek Chaudhary,J.)