Court No. - 52
Case :- APPLICATION U/S 482 No. - 10063 of 2018 Applicant :- Aftab Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Arshad Hamid,Zaid Arshad Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard S/Sri Arshad Hamid,Zaid Arshad, learned counsel for the applicants and perused the material placed on record.
This application under Section 482 Cr.P.C. has been filed for quashing charge sheet and entire proceeding in Case Crime No.172 of 2016, under Sections 147, 353 and 504 IPC, P.S. Jankpuri, District Saharanpur, pending in the court of Additional Chief Judicial Magistrate-II, Saharanpur.
The submission of learned counsel for both the parties is that the dispute between the applicant and opposite party no.2 is purely of private nature and the parties have arrived at a settlement. The copy of the compromise deed dated 7.9.2016 filed before the Additional Chief Judicial Magistrate- II, Saharanpur has been annexed as Annexure-4 to the affidavit. It is stated that the said compromise is still pending and has not been disposed of.
In my opinion since the matter pertains to private dispute and the compromise have already filed before the court below, I direct the concerned court to verify the compromise filed by the applicant and opposie party no.2 and after affording proper opportunity of hearing to the both sides and after due verification in case the parties have compromised the matter then the court will be at liberty to quash the proceedings in view of law laid by Hon'ble Apex Court in the case of Gian Singh vs State Of Punjab and another in Special Leave Petition (Crl) No.8989 of 2010 decided on 24 September, 2012.
A copy of this order be certified to the lower court forthwith.
For a period of two months no coercive steps shall be taken against the applicant.
In view of above, the application stands disposed of.
Order Date :- 28.3.2018/MN/-