Court No. - 14
Case :- APPLICATION U/S 482 No. - 5376 of 2006 Applicant :- Dr.Keshav Kumar Opposite Party :- State Of U.P. And Others Counsel for Applicant :- M.D.Singh Shekhar,B.K. Tripathi,I K Chaturvedi Counsel for Opposite Party :- Govt. Advocate,Manish Tewari,Roshan Khan,Satish Trivedi
Hon'ble Vivek Chaudhary,J.
Heard learned counsel for the petitioner, Sri B.K. Tripathi, Sri Manu Srivastava holding brief of Sri Manish Tewari, learned counsel for opp.party no.2, learned AGA for the State and perused the record.
By means of the present petitioner under Section 482 Cr.P.C., the petitioners have prayed for quashing of the proceeding of Criminal Case No. 1048 of 2006 (State of U.P. Vs. Dr. Keshav Kumar and another) arising through Case Crime No. 001 of 2006 under Sections 193, 467, 468, 471, 419, 420/34 IPC, Police Station George Town, Allahabad pending in the court of Special C.J.M., Allahabad.
It has been contended by learned counsel for the petitioners that the parties have approached this Court by filing present petitioner for quashing of the entire criminal proceedings of the aforesaid Case. This Court vide order dated 20.2.2019 sent the matter to the court below to verify the fact of compromise. Thereafter, in compliance of the Court's order dated 20.2.2019 both the parties appeared before the A.C.J.M., Court No.18, Allahabad, on which the the A.C.J.M., Court No.18, Allahabad verified the compromise entered into between the parties and prepared a report dated 18.3.2019, a certified copy of which has been annexed as supplementary affidavit of the application, hence the proceeding against the petitioners be quashed.
Learned counsel for the petitioners in support of his contention has placed reliance on the judgment of Apex Court in the case of Manoj Sharma Vs. State, (2008)16 SCC1, Narinder Singh Vs. State of Punjab, (2014) 6 SCC 466 and Yogendra Yadav Vs. State of Jharkhand reported in (2014) 9 SCC 653 and has submitted that the petitioners and opp. party No.2 have compromised the dispute and as such opp. party No.2 does not want to press the present case against the petitioners .
Learned counsel for opp. party no.2 and learned AGA have stated that they have no objection if the proceeding of the aforesaid case is quashed against the petitioners.
From the perusal of the record it is apparent that parties have entered in to compromise and have settled their dispute amicably.
In this regard, the view taken by the Apex court in the case of Manoj Sharma Vs. State (supra), Narinder Singh Vs. State of Punjab (supra) & Yogendra Yadav Vs. State of Jharkhand (supra), which have been relied upon by the learned counsel for the petitioners finds force that this court in exercise of its inherent power under section 482 Cr.P.C. can quash the proceeding as the dispute has been amicably settled between the parties.
Hence, considering the facts and circumstances of the case and nature of offence the proceeding of the aforesaid case hereby quashed.
The present 482 Cr.P.C. petition stands allowed.
Order Date :- 8.4.2019 Manish Tripathi