Court No. - 44
Case :- APPLICATION U/S 482 No. - 38411 of 2016 Applicant :- Akhilendra Pratap Singh Opposite Party :- State Of U.P.And 2 Others Counsel for Applicant :- Ajit Pratap Kushwaha,Namit Srivastava,Rajesh Singh Counsel for Opposite Party :- G.A.,Nitin Sharma
Hon'ble Om Prakash-VII,J.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge sheet no. 105 of 2016, case no. 2287 of 2016 (State Vs. Akhilendra Pratap Singh) arising out of case crime no. 169 of 20156, under Sections 406, 504, 506 IPC, P. S. Mutthiganj, district Allahabad pending in the court of Additional Chief Judicial Magistrate, Court No. 9, Allahabad. Further prayer has been made to stay further proceedings of the aforesaid case.
Heard Sri Namit Srivastava, learned counsel for the applicant, Sri Nitin Sharma, learned counsel for the opposite party no. 2 and the learned A.G.A.
Referring to the supplementary affidavit filed on behalf of the opposite party no. 2 as well as joint affidavit filed on 14.12.2017 learned counsel appearing for the parties state that dispute between the parties has been settled. Entire amount has already been paid. Opposite party no. 2 himself has mentioned in the affidavit that he does not want to proceed with the trial. Dispute between the parties is private in nature. No fruitful purpose will be served by keeping the matter pending. It was further argued that applicant has deposited bank draft of Rs. 5 lakhs with the Registrar General of this Court which is to be returned to the applicant.
Referring to the law laid down by Apex Court in Gian Singh vs. State of U.P., (2012), 10 SCC 303, B.S. Joshi and others vs. State of Haryana and another, (2003) 4 SCC 675 and Madan Mohan Abbot vs. State of Punjab, (2008) 4 SCC 582 it was also argued that the entire proceedings of the aforesaid case be quashed.
Learned counsel appearing for the opposite party n. 2 referring to the supplementary affidavit filed on 15.3.2018 argued that the amount agreed between the parties has been paid to the opposite party no. 2 by the applicant.
Nothing remained to be paid. Hence, he has no objection if the entire proceeding of the aforesaid criminal case is quashed. It was further argued that in the event the amount already deposited before the Registrar General i.e. Rs. 5 lakhs is returned to the applicant he has no objection.
Since all the disputes and differences between the parties have been amicably, no fruitful purpose would be served by permitting to continue the criminal case pending before the trial court and it would simply be a waste of time if the aforesaid case is permitted to continue till its logical conclusion.
In view of the above, the application is allowed.
The entire criminal proceedings of the aforesaid case no. 2287 of 2016 (State Vs. Akhilendra Pratap Singh) arising out of case crime no. 169 of 20156, under Sections 406, 504, 506 IPC, P. S. Mutthiganj, district Allahabad pending in the court of Additional Chief Judicial Magistrate, Court No. 9, Allahabad are quashed. Branch Manager, I.D.B.I. Bank, Shiv Charan Lal Road, Allahabad is directed to permit the applicant to operate i.e. deposit/withdraw cash, cheque or bank draft in his Bank account no. 1029104000002127 maintained with the said bank. Registrar General is also hereby directed to return the amount of Rs. 5 lakhs deposited by the applicant in compliance of the order dated 15.12.2016 passed by this Court.
Order Date :- 23.3.2018 Sachdeva