Court No. - 38
Case :- APPLICATION U/S 482 No. - 22296 of 2019 Applicant :- Bhagwandatt @ Bhagwandatt Sharma And 04 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Narendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Supplementary affidavit filed today by Sri Narendra Kumar, learned counsel for the applicants be taken on record.
Heard learned counsel for the applicants, learned AGA for the State and Sri Ashutosh Kumar Pandey, learned counsel for opposite party no. 2.
The present application under section 482 Cr.P.C. has been filed for quashing the proceedings of Complaint Case No. 2157 of 2015, under sections 323, 504, 506 I.P.C., P.S.- Khair, District- Aligarh, pending in the court of Judicial Magistrate, Khair, District Aligarh.
Learned counsel for the applicants submitted that applicants and opposite party no. 2 are resident of same village and due to some misunderstanding between the parties, opposite party no. 2 has initiated criminal proceeding against the applicants. It is next submitted that after some time, by the intervention of responsible person of village, parties have entered into compromise on 21.12.2018. It is next submitted that a compromise application dated 21.12.2018 has also been filed in the Court of Judicial Magistrate, Aligarh. It is also submitted that even in the present matter a compromise affidavit dated 20.05.2019 has also been filed by opposite party no. 2 accepting the facts of compromise. Lastly, it is submitted that in light of compromise affidavit filed by opposite party no.2 as well as supplementary affidavit, present proceeding may also be quashed.
Sri Ashutosh Kumar Pandey, learned counsel for opposite party no. 2 has supported the case of the applicants. He further submitted that in case this Court is pleased to quash the criminal proceeding pending against the applicants, he has no objection.
In view of above, the applicants 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 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 is, accordingly allowed. Order Date :- 7.6.2019 Sartaj