Court No. - 88
Case :- APPLICATION U/S 482 No. - 16664 of 2021 Applicant :- Deepak @ Gatta @ Pradip Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikas Srivastava,Ravi Pandey Counsel for Opposite Party :- G.A.,Aniruddh Tiwari
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Vikas Srivastava, learned Counsel for the applicant, learned A.G.A. for the State, Sri Aniruddh Tiwari, learned Counsel for opposite party no.2 and perused the record.
This application under Section 482 Cr.P.C. has been filed to quash the order dated 15.12.2020 passed by learned Addl. District and Sessions Judge, Court No.16, Aligarh in S.T. No.507 of 2010, arising out of Case Crime No.160 of 2009 (State Vs. Arun Kumar and others), under Sections 323, 307, 336, 427, 452, 504, and 506 I.P.C., Police Station- Lodha, District Aligarh.
It is submitted by learned Counsel for the applicant that the opposite party no.2/informant and applicant had amicably settled their dispute outside the court and filed a joint compromise application on 15.12.2020 with the prayer that case may be decided on the basis of compromise, which was rejected by the trial court. It is further submitted that the co-accused, Arun Kumar has filed an application u/S 482 No.3289 of 2021, which was allowed by Co-ordinate Bench of this Court vide order dated 23.3.2021. Copy of order has been annexed as Annexure 6 to the affidavit filed in support of the application. It is submitted by learned Counsel for the applicant that this Court while allowing the application under Section 482 filed by co- accused Arun Kumar had passed a very detailed order and the case of the applicant is similar and on identical footing and, as such, the applicant is also entitled for the same relief as has been granted to co-accused Arun Kumar.
Learned A.G.A. as well as learned Counsel for opposite party no.2 do not dispute this fact that criminal proceedings of other co-accused had already been quashed by this Court in Application U/s 482 Cr.P.C. Nos.3289 of 2021 and 11751 of 2021.
Considering the submissions advanced by learned Counsel for the parties and on perusal of record that since parties had settled their dispute amicably and informant/complainant does not want to prosecute the applicant and criminal proceeding in same case crime number of co-accused was quashed by this Court, the criminal proceedings against the present applicant is also liable to be quashed.
Accordingly, the application under Section 482 is allowed and the entire proceedings of S.T. No.507 of 2010, arising out of Case Crime No.160 of 2009 (State Vs. Arun Kumar and others), under Sections 323, 307, 336, 427, 452, 504, and 506 I.P.C., Police Station- Lodha, District Aligarh pending in the court of Addl. District and Sessions Judge, Court No.16, Aligarh, in respect of present applicant is hereby quashed.
Order Date :- 24.9.2021 Kpy