Court No. - 38
Case :- APPLICATION U/S 482 No. - 22365 of 2019 Applicant :- Devendra Parashar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashish Goyal Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Sri Ankit Kapoor has filed vakalatnama on behalf of opposite party no. 2 and short counter affidavit, which are taken on record.
Heard learned counsel for the applicant, learned AGA for the State and Sri Ankit Kapoor, 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 Misc Case No. 420 of 2017 ( Now Special complaint No. 139 of 2017), under sections 323, 504 I.P.C. and 3(1)(da) and 3(1)(dha) SC/ST (Prevention of Cruelty) Act, P.S. Refinery, District Mathura, pending in the court of Additional Sessions Judge, Court No. 2, Mathura.
Learned counsel for the applicant has submitted that due to some misunderstanding, criminal proceeding has been initiated against the applicant by opposite party no. 2 and now both the parties have entered into compromise. He further submitted that compromise application as well as affidavit in support of compromise application has also been filed before Additional Sessions Judge, Court No. 2, Mathura on 15.05.2019 and 17.05.2019. Copy of the compromise application as well as certified copy of the affidavit has been annexed as Annexure-4 to the application.
Learned counsel for the applicant states 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 may be finally decided.
Sri Ankit Kapoor, learned counsel for opposite party no. 2 has not disputed the said fact on the basis of short counter affidavit and submitted that opposite party no. 2 does not want to litigate the matter further, 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 applicant 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 :- 6.6.2019 Arvind