Application under Section 482 Cr.P.C. has been directed by applicant Dhirendra Mani Tripathi for quashing the proceeding of Criminal Case No. 939 of 2013 arising out of Crime No. 11-A of 2013, under Sections 323, 504, 506 I.P.C. (State Vs. Dhirendra Mani Tripathi), P.S. Gautam Palli, District Lucknow as well as impugned charge sheet dated 13.2.2013 and subsequent proceeding thereof.
I have heard Sri Vinod Kumar Pandey, learned counsel for the applicant, Sri Yasovardhan Swarup, learned counsel for the opposite party no. 2 as well as Sri Girish Kumar Pandey, learned AGA for the State and perused the material on record.
Learned counsel for the applicants argued that the matter was referred to mediation centre of this Court vide order dated 7.4.2015 and both the parties entered into a compromise and filed a compromise agreement in mediation centre. Settlement agreement dated 21.5.2015 reveals that mediation between the parties became successful and both parties agreed that they have no grievance and further claims against each other with respect to aforesaid case have been amicably settled by them. settlement agreement has been annexed in Application under Section 482 Cr.P.C. No. 1614 of 2013. It has further prayed that present case be finally decided on the basis of compromise agreement in mediation centre.
Opposite party no. 2 admitted that matter was settled between the parties in mediation centre and he has no objection to decide the application finally.
Learned AGA has also no objection if the matter is decided finally at this stage.
In Shishir Gupta and others vs. State of U.P. and another, Application No. 23421 of 2009 decided on 2.3.2012. This Court has allowed the application under Section 482 Cr.P.C. arising out of Case Crime No. 218 of 2009, under Sections 323, 504, 506, 498-A I.P.C. and Section 3/4 D.P. Act, P.S. Kareilly, District Allahabad and proceeding of aforesaid case was set aside.
In view of the fact that both parties have entered into a compromise through mediation centre of this Court. The matter is purely of personal nature which has been mutually settled by the parties.
In view of the settlement agreement dated 21.5.2015 in Mediation and Conciliation Centre, no useful purpose would be served in proceeding with the matter further.
Thus, present application under Section 482 Cr.P.C. is accordingly, allowed.
Proceeding of Case No. 939 of 2013 arising out of Crime No. 11-A of 2013, under Sections 323, 504, 506 I.P.C. (State Vs. Dhirendra Mani Tripathi), P.S. Gautam Palli, District Lucknow is hereby set aside.
Order Date :- 28.8.2019 Manoj