Court No. - 51
Case :- APPLICATION U/S 482 No. - 14366 of 2017
Applicant :- Anurag Agrahari
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Manish Tiwary,Ankur Tondon
Counsel for Opposite Party :- G.A.,Ashish Goyal
Hon'ble Vipin Sinha,J.
Heard Sri Ankur Tandon learned counsel for the applicant, Sri Ashish Goyal, learned counsel for O.P. No.2 and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the proceedings of Complaint Case No.347/2016 (Rajeev Gupta vs. G.M. torrent Power Limited and others), under Sections 379/427 IPC, P.S. Sadar, Agra, pending in the court of A.C.J.M, Court No.5, Agra.
On the earlier occasion on 17.5.2017, the Court was pleased to pass the following order, relevant portion of which is being extracted herein as under:
"It is contended on the strength of the provisions of Section 169 of the Electricity Act, 2003, that the status of the applicant is that of a public servant when acting / purporting to act in pursuance of the provisions of the Act, the alleged act as performed is in discharge of his duties, same could not have been taken cognizance of except without sanction under Section 197 Cr.P.C."
Sri Ashish Goyal, learned counsel for opposite party no.2 is present before this Court and today when the case has been taken up, a short counter affidavit has been filed. The affidavit is that of opposite party no.2 Rajeev Gupta himself. It has been mentioned in para 4 of the short counter affidavit that the parties have entered into compromise and copy of the settlement letter as well as certified copy of the application along with affidavit has been annexed as Annexure-CA-1 to the short counter affidavit. In para 5 it has been mentioned that opposite party no.2 has got no interest in pursuing the case any further and he has no objection if the proceedings as sought are quashed.
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, 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.
Order Date :- 26.9.2019 SP