Court No. - 64
Case :- APPLICATION U/S 482 No. - 8390 of 2019 Applicant :- Ayyub Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjay Kr. Srivastava Counsel for Opposite Party :- G.A.,Sushil Kumar Pandey,Sushil Kumar Pandey
Hon'ble Arvind Kumar Mishra-I,J.
Supplementary affidavit filed on behalf of the applicant is taken on record.
Heard Sri Sanjay Kumar Srivastava, learned counsel for the applicant, Sri Sushil Kumar Pandey, learned counsel for the opposite party No.2 and the learned A.G.A. for the State- respondent.
By way of the instant application, the applicant has sought quashment of the charge sheet dated 13.09.2018, cognizance order dated 15.09.2018 and the entire proceeding in Criminal Case No.1226 of 2018, State Vs. Ayyub and others, arising out of Case Crime No.679 of 2018, under Sections 420, 406, 467, 468, 471, 452, 427, 323, 504, 506 I.P.C., Police Station Sardhana, District Meerut, pending before the Judicial Magistrate, Sardhana, Meerut.
It is contended by the learned counsel for the applicant that in this case, the compromise was made between the parties, the same has been verified by the Judicial Magistrate, Sardhana, Meerut, on 06.04.2019, copy whereof has been annexed as annexure-SA-1 to the supplementary affidavit. It is thus, argued that the continuance of the criminal proceedings against the applicant is bad in law. Learned counsel for the applicant has placed reliance in the matter reported as (2014) 6 SCC 466 in the matter of Narinder Singh and others Vs. State of Punjab and another in support of his contention.
It has been further added that if proceeding of the aforesaid case is allowed to go on then that will not result in conviction and possibility of conviction is bleak. Therefore, proceedings in the aforesaid case initiated by opposite party no.2 against the applicant is liable to be quashed in terms of the compromise between the parties.
Learned counsel for opposite party no.2 and learned A.G.A. have no objection, if this application is allowed and the proceedings are quashed.
In view of the fact that the applicant 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 charge sheet dated 13.09.2018, cognizance order dated 15.09.2018 and the entire proceeding in Criminal Case No.1226 of 2018, State Vs. Ayyub and others, arising out of Case Crime No.679 of 2018, under Sections 420, 406, 467, 468, 471, 452, 427, 323, 504, 506 I.P.C., Police Station Sardhana, District Meerut, pending before the Judicial Magistrate, Sardhana, Meerut, is hereby set aside.
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 :- 29.5.2019 rkg