Court No. - 38
Case :- APPLICATION U/S 482 No. - 22220 of 2019 Applicant :- Dilip Rao Alias Dilip Kumar And 2 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dileep Kumar,Hari Shankar Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Sri Santosh Kumar has filed vakalatnama on behalf of opposite party no. 2 along with short counter affidavit, which is taken on record.
Heard learned counsel for the applicants, learned AGA for the State and Sri Santosh 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 Complaint Case No. 9738 of 2009, under sections 452, 323, 504, 506 I.P.C., P.S. Kotwali, District Jhansi, pending in the court of C.J.M., Jhansi.
Learned counsel for the applicants has submitted that due to some misunderstanding, criminal proceeding has been initiated against the applicants by opposite party no. 2 and now both the parties have entered into compromise and compromise deed dated 28.5.2019 has also been signed by the applicant no.1 and opposite party no. 2. Copy of the said compromise deed dated 28.5.2019 has been annexed as Annexure-4 to the application. He further submitted that the applicants do not have any criminal history.
Learned counsel for the applicants 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 Santosh Kumar, 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 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 :- 4.6.2019 Arvind