Court No. - 55
Case :- APPLICATION U/S 482 No. - 33971 of 2018 Applicant :- Ashok Singh And 6 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sahab Tiwari,Saurabh Tiwari,Shiv Narayan Pandey,Sita Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Supplementary affidavit filed today be taken on record.
Heard learned counsel for the applicants and learned A.G.A. for the State.
By means of this application under Section 482 Cr.P.C., the applicants have invoked the inherent jurisdiction of this Court for quashing the entire criminal proceedings of the Complaint Case No. 14563 of 2017 (Neetu Singh vs. Ashok Singh & Others), under Sections 419, 420, 467, 468, 471, 506 I.P.C. (Old No. 28 of 2017) (Neetu Chauhan Vs. Ashok Singh & Others), under Sections 406, 506 I.P.C., Police Station Sasani Gate, District Aligarh and Complaint Case No. 11 of 2017 (Neetu Chauhan vs. Ashok Singh and Others), under Sections 12, 18, 19, 20, 21, 22, 23 of Protection of Women from Domestic Violence Act, 2005, P.S. Sasani Gate, District Aligarh pending before the Chief Judicial Magistrate, Aligarh as these cases are clubbed vide order dated 06.02.2018 by the C.J.M., Aligarh.
Vide order dated 27.09.2018, the Court has passed the following order:-
"Heard learned counsel for the applicants and learned Additional Government Advocate for the State.
By means of this application under Section 482 Cr.P.C., the applicants have invoked the inherent jurisdiction of this Court for quashing the entire criminal proceedings of the Complaint Case No. 14563 of 2017 (Neetu Singh vs. Ashok Singh & Others), under Sections 419, 420, 467, 468, 471, 506 I.P.C. (Old No. 28 of 2017) (Neetu Chauhan Vs. Ashok Singh & Others), under Sections 406, 506 I.P.C., Police Station Sasani Gate, District Aligarh and Complaint Case No. 11 of 2017 (Neetu Chauhan vs. Ashok Singh and Others), under Sections 12, 18, 19, 20, 21, 22, 23 of Protection of Women from Domestic Violence Act, 2005, P.S. Sasani Gate, District Aligarh pending before the Chief Judicial Magistrate, Aligarh as these cases are clubbed vide order dated 06.02.2018 by the C.J.M., Aligarh.
A joint application has been filed by the learned counsel for both the parties on 04.10.2017 stating therein that parties have compromised the matter which is annexed as (Annexure No.1).
On the basis of compromise, it has been prayed before this Court that the proceedings be quashed keeping in mind the law laid down by the Apex Court in the case of Gian Singh Vs. State of Punjab (2012) 10 SCC 303.
Whether a compromise has taken place or not can best be ascertained by the Court concerned before whom the proceedings are pending after ensuring the presence of the parties before it.
In view of the above, list this case on 29.10.2018 before the appropriate Court.
In the meantime, the Court below shall proceed to fix a date for securing the presence of the parties to the proceedings before it and proceed thereafter to ascertain the veracity of the compromise. If the said compromise is verified, the same shall be made part of the record and report to that effect will be prepared and the parties would be allowed to obtain certified copy thereof.
Till the next date of listing, interim order granted earlier shall continue provided the applicants file a certified copy of this order along with the copy of the compromise application to verify the compromise already placed on record."
Along with supplementary affidavit, certified copy of the order of CJM, Aligarh dated 26.10.2018 has been produced by which compromise between the parties was verified. In the verification order dated 26.10.2018, it has been mentioned that Smt. Neetu Chauhan, opposite party no. 2 and applicants namely, Ashok Singh, Asha, Bramha Devi, Harish Chandra, Shashi Kumar and Arun were present before the CJM, Aligarh and were duly verified by their respective counsel.
Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi) Vs. State of Haryana) as well as the judgement of the Apex Court reported in J.T. 2008(() SC 192 (Nikhil Merchant Vs. Central Burea of Investigation and another), as well as judgment of the Apex Court reported in (2012) 10 SCC 303 (Gian Singh Vs. Stated of Punjab) and reported in (2014) Supreme Today 642 (Narinder Singh & others Vs. State of Punjab and another), the proceedings of the aforesaid case is hereby quashed.
The present application accordingly allowed. Order Date :- 21.12.2018 Sartaj