Court No. - 49
Case :- APPLICATION U/S 482 No. - 46303 of 2018 Applicant :- Avnish Kumar And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Virendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
Heard leaned counsel for the petitioners, learned A.G.A for the State and perused the record.
By means of the present application under Section 482 Cr.P.C., the petitioners have prayed for quashing the entire proceeding of S.T. No. 104 of 2015, State Vs. Avnish Kumar and another arising out of Case Crime No. 58 of 2015 under Sections 307, 323, 504, 506 IPC Police Station Bakewar, District Etawah, pending in the court of District and Sessions Judge, Etawah in the light of joint compromise arrived at between the parties dated 29.50.2018.
It has been contended by learned counsel for the applicants that the parties have entered into a compromise, the applicants have earlier approached this Court by filing a Crl. Misc. 482 Cr.P.C. Application No.24895 of 2018 which was disposed of by this court vide order dated 25.7.2018 and the matter was sent to the Court below to verify the fact of compromise, copy of which has been sent to the Court below to verify the fact of compromise. Thereafter, in compliance of the Court's order dated 25.7.2018 both the parties appeared before the court below, on which the learned Magistrate verified the compromise entered into between the parties.
Learned counsel for the applicants in support of his contention has placed reliance on the judgment of Apex Court in the case of Manoj Sharma Vs. State, (2008) 16 SCC 1 and Nikhil Merchant Vs. Central Bureau of Investigation & another reported in 2008 (9) SCC 677 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 agains the applicant. The 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 into 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 the prosecution case, 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 Manoj Sharma (supra) and Nikhil Merchant (supra) that this court in exercise of its inherent power under Section 482 Cr.P.C. can quash the proceeding.
Hence in view of the above, entire proceedings of the aforesaid case is hereby quashed.
The present 482 Cr.P.C. application stands allowed.
Order Date :- 19.12.2018 N.A.
(Vivek Chaudhary,J.)