Court No. - 15
Case :- APPLICATION U/S 482 No. - 30769 of 2017 Applicant :- Deepak Veram & Another Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Ajay Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard Sri Rakesh Dubey, learned counsel for the applicants and learned A.G.A.
This application under Section 482 Cr.P.C has been filed to quash the entire proceeding of case No. 104 of 2015 (State vs. Virendra Kumar and others) as case crime No. 127 of 2014 under Section 419 420, 467, 468, 471, 120-B IPC and 66/67 I.T. Act, at Police Station Jahanabad, District Fatehpur pending in the Court of Learned Additional Chief Judicial Magistrate, Court No. 10, Fatehpur.
As per the prosecution version the applicant/ accused had prepared a forged ID of the informant Naveen Soni.
Learned counsel for the applicants contented that the parties have settled their disputes through compromise.
Hon'ble Apex Court in Parbatbhai Aahir @ Parbathbai Bhimsinghbhai Karmur and ors Vs. State of Gujarat and anr reported in (2017) 9 SCC 641 has held as follows:-
"16.9. In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice;"
In this case, matter has been settled between the parties, therefore, conviction of the applicants is least possible.
Accordingly application under Section 482 Cr.P.C., is allowed and the entire proceedings of case No. 104 of 2015 (State vs. Virendra Kumar and others) as case crime No. 127 of 2014 under Section 419 420, 467, 468, 471, 120-B IPC and 66/67 I.T. Act, at Police Station Jahanabad, District Fatehpur is hereby quashed.
Order Date :- 29.11.2018 C. MANI