Court No. - 71
Case :- APPLICATION U/S 482 No. - 21784 of 2019
Applicant :- Avadhesh Kumar Tiwari Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Brij Raj Singh, learned counsel for the opposite party no. 2.
The applicant, by means of this application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with a prayer to quash their prosecution of S.T. No. 113 of 2013, arising out of Case Crime no. 24 of 2006, under Sections 504, 506 I.P.C. and Section 3(1)X SC/ST Act, P.S. Jahanabad, district-Fatehpur, pending in the Court of Special Judge (SC/ST) Act, Fatehpur as well as chargesheet dated 1.4.2006.
Learned counsel for the applicant and the opposite party no. 2 submitted that the dispute between the applicant and the opposite party no. 2 which had led to the institution of the impugned criminal prosecution of the applicant on the basis of the F.I.R. lodged against him by the opposite party no. 2, has been amicably settled and the parties have entered into a written compromise on 10.5.2019, copy whereof has been brought on record as annexure-7 to the affidavit accompanying this application. Learned counsel for the opposite party no. 2 further submitted that the opposite party no. 2 is no longer interested in the prosecution of the applicant, and she has no objection if the proceedings of the aforementioned case as well as the prosecution of the applicants is quashed.
After having heard learned counsel for the parties and perused the material brought on record, I am of the considered view that since the dispute between the parties has been resolved and considering the nature of the offences with which the applicant has been charged as well as relationship between the parties, trial of the applicant for the aforementioned offences shall be a wastage of precious time of the Court.
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.
I, accordingly, allow this application and quash the prosecution of the applicant in the aforementioned case.
The application is allowed.
Order Date :- 30.5.2019/Faridul