Court No. - 55
Case :- APPLICATION U/S 482 No. - 46911 of 2018 Applicant :- Bimal Kumar Sharma And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Prabhash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Sri Pandey Balkrishna, Advocate has filed Vakalatnama on behalf of opposite party no. 2 today in court which is taken on record.
Heard learned counsel for the applicants, learned AGA for the State and Sri Pandey Balkrishna, learned counsel for opposite party no. 2.
The present application under section 482 Cr.P.C. has been filed for quashing the criminal proceeding of complaint case no.626 of 2017 old case no.4385 of 2011 (Sakshi Upadhyay Vs. Bimal Kumar Sharma and others), under Sections 498A, 323, 504, 506 IPC & 3/4 D.P. Act, Police Station Kotwali Nagar, District Saharanpur, on the basis of the memorandum of the compromise dated 23.03.2017 and 05.10.2017, pending in the court of Additional Chief Judicial Magistrate IV, Saharanpur.
Learned counsel for the applicants submitted that compromise has been entered into between the applicants and the opposite party no. 2. An application regarding compromise has been filed before the Additional Chief Judicial Magistrate IV, Saharanpur, which is annexed as Annexure-10 to the affidavit filed in support of application. He further submitted that the matter has been compromised and the opposite party no. 2 does not want to pursue the matter any further as the matter has been amicably settled between the parties, therefore, the present case is finally decided.
Sri Pandey Balkrishna, learned counsel for opposite party no. 2 has supported the case of the applicants. He further submitted that the disputes have been amicably settled between the parties, therefore on the basis of compromise the Hon'ble Court may kindly be quash the entire proceeding of the aforesaid case.
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 Bureau of Investigation and another) as well as Judgment of the Apex Court reported in (2012)10 SCC 303 (Gian Singh Vs. State 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 accordingly allowed. Order Date :- 21.12.2018 Rmk.