Court No. - 81
Case :- APPLICATION U/S 482 No. - 4393 of 2021 Applicant :- Amit Kumar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A.,Ajay Kumar Mishra
Hon'ble Naveen Srivastava,J.
Supplementary affidavit filed on behalf of applicants is taken on record.
Heard learned counsel for the applicants, Sri Ajay Kumar Mishra, learned counsel for the opposite party no.2 and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet bearing no. 484 of 2020 dated 16.10.2020 in Case Crime No. 456 of 2020, under Sections 498A, 323, 427, 504, 506 I.P.C. & 3/4 D. P. Act, Police Station Gajraula, District J. P. Nagar (Amroha), ( State Vs. Amit Kumar and other), pending in the Court of Judicial Magistrate-II (Fast Track Court), J. P. Nagar (Amroha) in terms of the compromise dated 11.01.2021.
Learned counsel for both the parties submit that matter has been compromised between the parties out of the court and compromise deed has been duly verified before the concerned Court below. A true certified copy of application and copy of order of learned Chief Judicial Magistrate, Amroha and statement of opposite party no.2 Niti have been annexed as Annexure SA1alongwith supplementary affidavit.
Learned counsel for the parties also do not dispute the aforesaid compromise verification report. The counsel for the complainant/opposite party no.2 has stated at the Bar that on account of settlement/compromise made between the parties, now the complainant does not want to continue the criminal proceedings against the applicant.
Thus, in view of above, the application under Section 482 Cr.P.C is liable to be allowed in terms of aforesaid compromise keeping in view of well settled principle of law laid down by the Hon'ble Apex Court in case of B.S. Joshi Vs. State of Haryana 2003 (4) SCC 675 as well as in case of Nikhil Merchant Vs. Central Bureau of investigation and another J.T. 2008 (9) SC 192.
Consequently,the charge sheet bearing no. 484 of 2020 dated 16.10.2020 in Case Crime No. 456 of 2020, under Sections 498A, 323, 427, 504, 506 I.P.C. & 3/4 D. P. Act, Police Station Gajraula, District J. P. Nagar (Amroha), (State Vs. Amit Kumar and other), pending in the Court of Judicial Magistrate-II (Fast Track Court), J. P. Nagar (Amroha) as well as entire proceedings of the aforesaid case is hereby quashed.
The present application u/s 482 Cr.P.C. is allowed in terms of the aforesaid compromise/settlement report.
Order Date :- 26.10.2021 AKT