Court No. - 73
Case :- APPLICATION U/S 482 No. - 18322 of 2008 Applicant :- Amala Prasad Yadav Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashish Kr. Nagvanshi Counsel for Opposite Party :- Govt. Advocate,Mannu Chaudhary,Santosh Singh Yadav
Hon'ble Neeraj Tiwari,J.
Joint affidavit dated 26.02.2019 filed today by Sri A.B. Maurya, learned counsel for the applicant and Sri S.B. Yadav, learned counsel for opposite party no. 2, be taken on record.
Heard learned counsel for the applicant, learned AGA for the State and S.B. Yadav, learned counsel for opposite party no. 2.
The present application under section 482 Cr.P.C. has been filed for quashing the proceedings the charge sheet no. 151 of 2007 in Case Crime No. 199 of 2007, under sections 504, 506, 352, 406 I.P.C. and 3(1)10 SC/ST Act, Police Station- Saiyadraja, District- Chandauli.
Learned counsel for the applicant submitted that under some misunderstanding, an F.I.R. has been lodged but now the parties have entered into compromise and no dispute is remain between the parties as on date. It is further submitted 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. 2. Learned counsel for the applicant has also handed over a demand draft of Rs. 1 lakh 5 thousands in favour of opposite party no. 2 which has been accepted Sri S.B. Yadav, learned counsel for opposite party no. 2. A copy of the demand draft has also been annexed along with the joint affidavit. It is lastly submitted that in light of joint affidavit, present proceeding may be quashed.
Sri S.B. Yadav, learned counsel for opposite party no. 2 has supported the case of the applicant. He further submitted that in case this Court is pleased to quash the criminal proceeding pending against the applicant, he has no objection.
In view of above, the applicant and respondents 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. Stated 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 Sartaj