Application under Section 482 Cr.P.C. has been directed by applicants Bhola Nath Tandon, Ashish Tandon and Manish Tandon for quashing the impugned charge sheet in Case No. 938 of 2013 arising out of Crime No. 11 of 2013, under Sections 323, 504, 506 I.P.C. (State Vs. Ashish Tandon and others), P.S. Gautam Palli, District Lucknow and summoning order dated 1.3.2013 passed by Additional Chief Judicial Magistrate C.B.I. (Ayodhaya Prakaran), Lucknow.
I have heard Sri Yashovardhan Swarup, learned counsel for the applicants, Sri V.K. Pandey, learned counsel for the opposite party no. 2 as well as Sri Girish Kumar Pandey, learned AGA for the State and perused the material on record.
Learned counsel for the applicants argued that the matter was referred to Mediation and Conciliation Centre of this Court vide order dated 14.11.2014 and both the parties entered into a compromise and filed a compromise agreement in the mediation centre. Settlement agreement dated 21.5.2015 reveals that mediation between the parties became successful and both parties agreed that they have no grievance and further claims against each other with respect to aforesaid case have been amicably settled by them. It has further prayed that present case be finally decided on the basis of compromise agreement in mediation centre.
Opposite party no. 2 admitted that matter was settled between the parties in mediation centre and he has no objection to decide the application finally.
Learned AGA has also no objection, if the matter is decided finally at this stage.
In Shishir Gupta and others vs. State of U.P. and another, Application No. 23421 of 2009 decided on 2.3.2012, this Court has allowed the application under Section 482 Cr.P.C. arising out of Case Crime No. 218 of 2009, under Sections 323, 504, 506, 498-A I.P.C. and Section 3/4 D.P. Act, P.S. Kareilly, District Allahabad and proceeding of aforesaid case was set aside.
In view of the fact that both parties have entered into a compromise through mediation centre of this Court. The matter is purely of personal nature which has been mutually settled by the parties.
In view of the settlement agreement dated 21.5.2015 in Mediation and Conciliation Centre, no useful purpose would be served in proceeding with the matter further.
Thus, present application under Section 482 Cr.P.C. is accordingly, allowed.
Proceeding of Case No. 938 of 2013 arising out of Crime No. 11 of 2013, under Sections 323, 504, 506 I.P.C. (State Vs. Ashish Tandon and others), P.S. Gautam Palli, District Lucknow is hereby set aside.
Order Date :- 28.8.2019 Akram / Manoj