Court No. - 81
Case :- APPLICATION U/S 482 No. - 19372 of 2021 Applicant :- Abhishek Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sharad Kumar Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Sri Jayendra Kumar Mishra, learned counsel has filed Vakalatnama alongwith counter affidavit on behalf of opposite party no.2, which is taken on record.
Heard learned counsel for the applicant, learned counsel for the opposite party no.2 and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash/set aside the charge sheet dated 2.7.2020 in Case No. 7104 of 2020 (State Vs. Manish Mishra and others) arising out of Case Crime No. 984 of 2019, under Sections 384 I.P.C., Police Station Akbarpur, District Kanpur Dehat (Ramabai Nagar), pending in the Court of Chief Judicial Magistrate, Kanpur Dehat (Ramabai Nagar) as well as entire proceedings of the aforesaid case.
Learned counsel for both the parties submit that matter has been compromised between the parties out of the court and compromise deed has been duly verified before the concerned Court below. Compromise verification report is already on record.
Learned counsel for the parties also do not dispute the aforesaid compromise verification report. The counsel for the complainant/opposite party no.2 has stated at the Bar that on account of settlement/compromise made between the parties, now the complainant does not want to continue the criminal proceedings against the applicant.
Thus, in view of above, the application under Section 482 Cr.P.C is liable to be allowed in terms of aforesaid compromise keeping in view of well settled principle of law laid down by the Hon'ble Apex Court in case of B.S. Joshi Vs. State of Haryana 2003 (4) SCC 675 as well as in case of Nikhil Merchant Vs. Central Bureau of investigation and another J.T. 2008 (9) SC 192.
Consequently, the charge sheet dated 2.7.2020 in Case No. 7104 of 2020 (State Vs. Manish Mishra and others) arising out of Case Crime No. 984 of 2019, under Sections 384 I.P.C., Police Station Akbarpur, District Kanpur Dehat (Ramabai Nagar), pending in the Court of Chief Judicial Magistrate, Kanpur Dehat (Ramabai Nagar) as well as entire proceedings of the aforesaid case is hereby quashed.
The present application u/s 482 Cr.P.C. is allowed in terms of the aforesaid compromise/settlement report.
Order Date :- 25.10.2021 Mini