Court No. - 73
Case :- APPLICATION U/S 482 No. - 24147 of 2007 Applicant :- Deep Narain Yadav @ Deepak And Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vishwajeet Singh,A.K. Ojha,V.S.Singh Counsel for Opposite Party :- Govt. Advocate,Devesh Kumar
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants, learned AGA for the State and Sri Devesh Kumar, learned counsel for opposite party no. 2.
The present application under section 482 Cr.P.C. has been filed for quashing the entire proceedings of Criminal Case No.1253 of 2005, arising out of Case Crime No.30-A of 1996, under Sections 147, 148, 149, 323, 504, 506, 365 IPC and 3(1)X SC/ST Act, Police Station Moth, District Jhansi pending in the Court of J.M., Moth, Jhansi.
Learned counsel for the applicants submits that in the present case, cross FIRs have been lodged and now both the parties have entered into compromise and as on date, no dispute remains pending between the parties. He further submits that on the basis of compromise, proceeding earlier initiated by applicant no. 1 in cross case has been quashed by this Court in the case of Ganga Charan Rajput Vs. State, Additional Chief Judicial Magistrate and Deep Narain Singh; 2007 LawSuit (All) 1848. He further submits that in joint affidavit sworn by applicant no. 1 and opposite party no. 2 having the signature of Sri A.K. Ojha, learned counsel for the applicants and Sri Devesh Kumar, learned counsel for opposite party no. 2, the fact of compromise as well as quashing of the proceeding has not been disputed.
Learned counsel for the applicants states that as opposite party no. 2 does not want to pursue the matter any further as the matter has been amicably settled between the parties, therefore, Court may please to quash the criminal proceeding.
Sri Devesh Kumar, learned counsel for opposite party no. 2 has not disputed the said fact and 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 Burea 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 is, accordingly, allowed. Order Date :- 27.2.2019 Arvind