Court No. - 33
Case :- APPLICATION U/S 482 No. - 19261 of 2018 Applicant :- Chirag Alias Chandra Bhan And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Arun Kumar Vishvakarma Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Counter affidavit filed today on behalf of opposite party no. 2, is taken on record.
Heard learned counsel for the applicants, Shri Vijai Kumar Tiwari, learned counsel appearing for opposite party no. 2, learned AGA for the State and perused the record.
By means of the present application under Section 482 Cr.P.C., the applicants have prayed for quashing the entire criminal proceedings including impugned charge sheet dated 29.07.2016 bearing charge sheet no. 133 of 2016 in Criminal Case No. 3065/IX of 2017 (State of Uttar Pradesh vs. Chirag alias Chandra Bhan & others) arising out of Case Crime No. 0202 of 2016, under Sections 323, 504, 506 IPC & Section 3(1) (Da)(Dha) of SC/ST Act, 1989 at P.S. Mogarra, District Mathura pending in the court of Additional District & Sessions Judge, Court No. 2, Mathura, as well as, impugned summoning/cognizance order dated 23.12.2017 on the basis of compromise dated 30.04.2018.
It has been contended by learned counsel for the applicants that both the parties have settled their dispute and entered into a compromise, copies whereof have been annexed as Annexure-7 to the writ petition, hence the proceeding against the applicants be quashed. This fact is not being disputed by learned counsel appearing for opposite party no. 2.
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 SCC1, B.S. Joshi Vs. State of Haryana & others, (2003) 4 SCC 675 and Gian Singh Vs. State of Punjab & another, (2012)10 SCC 303 and has submitted that the applicants and opp. party No.2 have compromised the dispute and as such opp. party No.2 does not want to press the present case against the applicants.
From the perusal of the record it is apparent that parties have entered in to compromise and have settled their dispute amicably.
In this regard the view taken by the Apex court in the case of B.S. Joshi (supra) and Gian Singh (supra) which has been relied upon by the learned counsel for the applicants finds force that this court in exercise of its inherent power under section 482 Cr.P.C. can quash the proceeding as the dispute has been amicably settled between the parties.
Hence, considering the facts and circumstances of the case and nature of offence the proceeding of the aforesaid case is hereby quashed.
It is made clear that opp. party no.2, if have any grievance against this order, he may move an appropriate application within three months from today.
The present 482 Cr.P.C. application stands allowed.
Order Date :- 29.5.2018 Mukesh Kr.