Court No. - 73
Case :- APPLICATION U/S 482 No. - 7436 of 2019 Applicant :- Akshay Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Shad Khan Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Sri Mumtaz Ali has filed his vakalatnama on behalf of opposite party nos. 2 and 3 and joint affidavit signed by Sri Shad Khan, learned counsel for the applicant and Sri Mumtaz Ali, learned counsel for opposite party nos. 2 and 3, be taken on record.
Heard learned counsel for the applicant, learned AGA for the State and Sri Mumtaz Ali, learned counsel for opposite party nos. 2 and 3.
The present application under section 482 Cr.P.C. has been filed for quashing the entire proceedings along with charge sheet dated 16.12.2017 in Case Crime No.495 of 2017, under Sections 354(A), 504 IPC and 3, 2(V)(Ka) SC/ST Act, Police Station Narsena, District Bulandshahar.
Learned counsel for the applicant submits that under some misuderstanding, FIR has been lodged and now both the parties have entered into compromise and no dispute is remain pending between the parties as on date. He further submits that even in the present case, a joint affidavit has also been filed by counsel for both the parties having the signatures of applicant and opposite party no. 3.
Learned counsel for the applicant states that the matter has been compromised and the opposite party nos. 2 and 3 do 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 Mumtaz Ali, learned counsel for opposite party nos. 2 and 3 has not disputed the said fact and submitted 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 nos. 2 and 3 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