Court No. - 51
Case :- APPLICATION U/S 482 No. - 9751 of 2018
Applicant :- Anil Kumar Jain And 2 Others
Opposite Party :- State Of Up And Another
Counsel for Applicant :- Mithilesh Kumar Shukla,Avanish Kumar Shukla
Counsel for Opposite Party :- G.A.,Rajendra Kumar Srivastava
Hon'ble Vipin Sinha,J.
A counter affidavit has been filed on behalf of opposite party no.2 in Court today is taken on record.
Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned A.G.A. for the State.
The present 482 Cr.P.C. petition has been filed for quashing the entire proceeding of case no. 5003/2013, arising out of case crime no. 454/2013, under Sections 323, 504, 506 IPC & 3(1)X SC/ST Act police station Tundla, District Firozabad pending before the concerned courts below.
It has been informed that the informant has already expired, copy of the death certificate has been annexed as annexure no. 1 to the application and the opposite party no. 2 happens to be the son of the complainant.
Learned counsel for the applicants has argued that the compromise between the parties has already been arrived at and as the matter has been compromised, therefore, the present case be finally decided.
Learned counsel for opposite party no.2 has not disputed the facts as stated by the learned counsel for the applicants. He further contended that opposite party no.2 does not want to proceed with the present case against the applicants and the same may be allowed.
In view of the fact that the parties do not want to pursue the case any further as stated by them and the fact that matter is purely of personal nature, which has been mutually settled between the parties and also in view of the compromise, no useful purpose would be served in proceeding with the matter further.
Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in (2012) 10 SCC, 303; Gian Singh Vs. State of Punjab and 2014 AIR SCW 2065; Narinder Singh and others Vs. State of Punjab and Another, the proceedings of the aforesaid case is hereby set aside.
The present application is accordingly allowed, as prayed.
Order Date :- 29.3.2018 Anand