Court No. - 33
Case :- APPLICATION U/S 482 No. - 19373 of 2018 Applicant :- Ashok Kumar And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicants, Sri H.B. Pandey holding brief of Sri Baleshwar Chaturvedi, learned counsel for opposite party no.2, learned AGA for the State and perused the material brought on record.
By way of the instant application, the applicants have prayed for quashing the charge sheet No. 42 of 2013, dated 04.09.2013 and N.B.W. dated 24.03.2018, as well as, entire proceeding of Case No. 31 of 2014 (State Versus Ashok and another), arising out of Case Crime no. 618 of 2013, under Section 138(B) Electricity Act, Police Station Nadigaon, District Jalaun.
Learned counsel for the applicants has submitted that in this case, entire amount in question has been handed over to the opposite party no. 2 and nothing remains to be decided as the matter has already been settled between the parties.
Learned counsel for opposite party no.2 has not disputed the aforesaid factual submission narrated by the learned counsel for the applicants. A request has been made that proceeding of the instant case may be quashed in view of the rival submissions advanced by both the contesting parties.
Learned AGA does not dispute the submissions made by learned counsel for the applicants and he has no objection, if this application is allowed and the proceedings are quashed.
In view of the fact that the applicants and opposite party no.2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.
Thus, in view of above, the proceedings in charge sheet No. 42 of 2013, dated 04.09.2013 and N.B.W. dated 24.03.2018, as well as, entire proceeding of Case No. 31 of 2014 (State Versus Ashok and another), arising out of Case Crime no. 618 of 2013, under Section 138(B) Electricity Act, Police Station Nadigaon, District Jalaun, are hereby quashed.
Accordingly, the present application is allowed.
Let a copy of this order be sent to the court below for necessary information and follow up action.
Order Date :- 29.5.2018 K.K. Maurya