Court No. - 73
Case :- APPLICATION U/S 482 No. - 7401 of 2019 Applicant :- Aftab And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sudhir Kumar Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Sri I.B. Yadav has filed his vakalatnama on behalf of opposite party no. 2, be taken on record.
Heard learned counsel for the applicants, learned AGA for the State and Sri I.B. Yadav, learned counsel for opposite party no. 2.
The present application under section 482 Cr.P.C. has been filed for quashing the entire proceedings along with charge sheet dated 20.8.2011 in Case No.8264/9 of 2017, arising out of NCR No.147 of 2011, under Sections 323, 504, 506 IPC, Police Station Kotwali Nagar, District Muzaffarnagar pending in the Court of C.J.M., Muzaffarnagar.
Learned counsel for the applicants submits that under some misunderstanding, FIR has been lodged and now both the parties have entered into compromise outside the Court and compromise deed dated 3.1.2019 has also been signed by applicant no. 1 and opposite party no. 2. Copy of the said compromise has been annexed as Annexure-3 to the application.
Learned counsel for the applicants states that the matter has been compromised and the opposite party no. 2 does not want to pursue the matter any further as the matter has been amicably settled between the parties, therefore, the present case may be finally decided.
Sri I.B. Yadav, learned counsel for opposite party no. 2 has not disputed the said fact and stated at the bar that the disputes have been amicably settled between the parties, therefore on the basis of compromise the Hon'ble Court may kindly be quash the entire proceeding of the aforesaid case.
In view of above, 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.
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 Burea of Investigation and another) as well as Judgment of the Apex Court reported in (2012)10 SCC 303 (Gian Singh Vs. State 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.
The present application is, accordingly, allowed. Order Date :- 26.2.2019 Arvind