Court No. - 49
Case :- APPLICATION U/S 482 No. - 13801 of 2018 Applicant :- Ameenuddin Siddique Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rafeek Ahmad Khan Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard Sri Rafeek Ahmad Khan, learned counsel for the applicant and learned A.G.A. for the State and Sri Akhilesh Pandey, learned counsel for the opposite party no.2.
The present 482 Cr.P.C., application has been filed for quashing the entire proceeding of Case No. 1943 of 2017 (Bharat Vs. Ameenuddin and others) arising out of Case Crime No. 107/1993, under Sections 420, 467, 468 IPC, arising out of the summoning order dated 6.2.1997, Police Station Kabrai, District Mahoba, pending in the Court of Chief Judicial Magistrate, Mahoba.
Learned counsel for the applicant states that earlier FIR had been lodged against the applicant owing to certain misunderstanding and misgiving between the parties. With the passage of time the parties have been able to resolve their misunderstanding and differences and at present the opposite party no.2 does not wish to press charges against the applicant.
It is thus submitted that the parties had been able to resolve their disputes and they understand that there was no criminal intent ever on part of the applicant.
Sri Akhilesh Pandey has filed his appearance on behalf of the opposite party no.2. A Joint affidavit of the applicant and opposite party no.2 has been filed today.
In this regard, a joint affidavit has been filed today, wherein paragraphs 5 and 6 reads as under:-
"5. That in the mean time the matter was settled between the parties i.e. complainant namely Bharat Prasad @ Bharat and the applicant namely Aminuddin Siddiqui and complainant has no grievance against the applicant i.e. Aminuddin Siddiqui and with other no accused and not want to press his case i.e. case no. 1943/2017 under Sections 420, 467, 468 IPC, Case Crime No. 107/93 pending before the Chief Judicial Magistrate, Mahoba.
6. That, both the parties entered into compromise with their sweet will without any fear or coercion and request the Hon'ble Court to quash the proceeding of case no. 1943/2017, (Bharat Vs. Aminuddin and others), under Sections 420, 467, 468 IPC, case Crime no. 107/93 pending before the Chief Judicial Magistrate, Mahoba."
The opposite party no.2 has admitted the fact of the compromise having been entered into between the parties and that he has no objection, if the proceedings of the aforesaid case are quashed.
Learned counsel for the applicant in support of his contention has placed reliance on the judgment of Apex Court in the case of Narindra Singh vs. State of Punjab reported in (2014) 6 SCC 466 and Yogendra Yadav vs.
State of Jharkhand reported in (2014) 9 SCC 653 and has submitted that the applicant and opposite party no.2 have compromised the dispute and as such opposite party no.2 does not want to press the aforesaid case against the applicant. Opposite party no.2 is ready to withdraw the prosecution of the applicant and in view of the compromise no fruitful purpose would be served if the prosecution is allowed to go on.
From the perusal of the record it is apparent that parties have entered in to compromise and have settled their dispute amicably.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties regarding the compromise entered into between the parties, there is minimal chance of witnesses coming forward in support of prosecution case and it may become difficult to prove as to who caused these injuries, hence chances of conviction appear to be remote. Taking all these factors into consideration cumulatively, the compromise between parties be accepted and further taking into account the legal position as laid down by the Apex Court in the case of Narindra Singh vs. State of Punjab (supra) Yogendra Yadav vs. State of Jharkhand (supra) the entire proceedings of the aforesaid case hereby quashed.
The present 482 Cr.P.C. application stands allowed. Order Date :- 24.4.2018 Mini