Court No. - 52
Case :- APPLICATION U/S 482 No. - 10010 of 2018 Applicant :- Asgar Khan @ Asgar Ali Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vidya Kant Rai Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Vidya Kant Rai, learned counsel for the applicantand Sri S.K. Singh, learned counsel for the opposite party no.2, learned A.G.A. for the State-opposite party no.1 and perused the material placed on record.
This application under Section 482 Cr.P.C. has been filed for quashing entire proceeding in Case No.299 of 2018 (State Vs.Asghar Khan), arising out of Case Crime No.0303 of 2017, under Sections 493, 323, 504 and 506I.P.C., P.S. Kotwali Shahar, District Mirzapur, pending in the court of Chief Judicial Magistrate, Mirzapur.
Learned counsel for the applicant has stated that the applicant has challenged the proceedings in Criminal Misc. Application No.6598 of 2018 which was disposed of with certain directions vide order dated 5.3.2018. Thereafter better sense prevailed between applicant and opposite party no.2 and they have arrived at a compromise. In this behalf, opposite party no.2 has also moved an application before Chief Judicial Magistrate, Mirzapur on 19.3.2018 supported with an affidavit stating therein that she is not interested in contesting the case and has no objection if the proceedings are dropped based on the compromise. A certified copy of the application dated 19.3.2018 is annexed as Annexure-6 to the affidavit.
Learned counsel for both the parties have stated that affidavit filed in the said application is the joint affidavit of opposite party no.2 and the applicant and in prara-13, it is averred that this Court may be pleased to quash entire proceeding on the basis of compromise. Therefore, in terms of the compromise deed, the parties have agreed to withdraw their cases against each other including the present case so that they may live amicably and peacefully.
Learned counsel for the opposite party no.2 has submitted that his client has no objection, if the proceedings impugned in the present application are quashed in exercise of inherent power under Section 482 Cr.P.C.
I have heard learned counsel for the parties and perused the averment made in the complaint which transpires that applicants and opposite party no.2 have settled their dispute amicably.
In view of law laid by Hon'ble Apex Court in the case of Gian Singh vs State Of Punjab and another in Special Leave Petition (Crl) No.8989 of 2010 decided on 24 September, 2012, the aforesaid proceeding is hereby quashed.
Criminal Misc. Application under Section 482 Cr.P.C., accordingly stands allowed.
A copy of this order be certified to the lower court forthwith.
Order Date :- 28.3.2018 MN/-