Court No. - 49
Case :- APPLICATION U/S 482 No. - 13918 of 2018
Applicant :- Avneesh @ Amnish And 3 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Abhishek Gupta Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Sri Deepak Kumar Pal, Advocate has filed Vakalatnama on behalf of the opposite party no.2 today, which is taken on record.
A joint affidavit has been filed on behalf of all the applicants as also opposite party no.2 today, which is also taken on record.
Heard learned counsel for the applicant, Sri Deepak Kumar Pal, learned counsel for the opposite party no.2 and learned A.G.A. for the State.
The present 482 Cr.P.C., application has been filed to quash the charge sheet dated 5.08.2017 as also cognizance dated 28.03.2018 passed by the Addl. Chief Judicial Magistrate-I issuing NBW and 82 Cr.P.C. against the applicant and further seeking direction to the court below to drop the proceeding of Case No. 5770 of 2017 arising out of Case Crime No. 173 of 2017, under Sections 419, 420, 467, 471, 504, 506 IPC, Police Station Dankaur, District Gautam Budh Nagar.
Learned counsel for the applicants states that earlier FIR had been lodged against the applicants owing to certain misunderstanding and misgivings between the parties. With the passage of time the parties have been able to resolve their misunderstandings and differences and at present the opposite party no.2 does not wish to press charges against the applicants.
It is thus submitted that the parties have been able to resolve their disputes and they understand that there was no criminal intent ever on part of the applicant and no offence was committed.
In this regard, paragraphs 4 and 5 of the joint affidavit reads as under:-
"4. That it is pertinent to mention here that a compromise has taken place between the applicants and opposite party no.2 and at present there is no dispute between them. The matter has been amicably settled between the parties out of Court.
5. That it is stated here that due to compromise between the parties, the opposite party no.2 is not ready to proceed with the case pending in the court of Ist A.C.J.M. Gautam Budh Nagar, State Vs. Avneesh @ Amnish & others, Police Station Dankaur, District Gautam Budh Nagar, under Sections 419, 420, 467, 471, 504, 506 IPC."
The opposite party no.2 has admitted the fact of the compromise having been entered into between the applicants no. 1 to 4 namely Avneesh @ Amnish, Mintu @ Manveer, Pawan and Anil and opposite party no.2 Sunder and that he has no objection, if the proceedings of the aforesaid case are quashed.
Learned counsel for the applicant in support of his contention has placed reliance on the judgment of Apex Court in the case of Narindra Singh vs. State of Punjab reported in (2014) 6 SCC 466 and Yogendra Yadav vs. State of Jharkhand reported in (2014) 9 SCC 653 and has submitted that the applicant and opposite party no.2 have compromised the dispute and as such opposite party no.2 does not want to press the aforesaid case against the applicant. Opposite party no.2 is ready to withdraw the prosecution of the applicant and in view of the compromise no fruitful purpose would be served if the prosecution is allowed to go on.
From the perusal of the record it is apparent that parties have entered in to compromise and have settled their dispute amicably.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties regarding the compromise entered into between the parties, there is minimal chance of witnesses coming forward in support of prosecution case and it may become difficult to prove as to who caused these injuries, hence chances of conviction appear to be remote. Taking all these factors into consideration cumulatively, the compromise between parties be accepted and further taking into account the legal position as laid down by the Apex Court in the case of Narindra Singh vs. State of Punjab (supra) Yogendra Yadav vs. State of Jharkhand (supra) the entire proceedings of the aforesaid case hereby quashed.
The present 482 Cr.P.C. application stands allowed. Order Date :- 24.4.2018 Lbm/-