Court No. - 73
Case :- APPLICATION U/S 482 No. - 42118 of 2013 Applicant :- Dr. Manish Sharma And 2 Ors. Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Virendra Pratap Pal Counsel for Opposite Party :- Govt. Advocate,Pankaj Dwivedi
Hon'ble Neeraj Tiwari,J.
Heard Sri Virendra Pratap Pal, learned counsel for the applicants, learned AGA for the State and Sri Deepak Kumar holding brief of Sri Pankaj Dwivedi, learned counsel for opposite party no. 2.
The present application under section 482 Cr.P.C. has been filed for quashing the entire proceedings along with summoning order dated 17.10.2013 in Complaint Case No.167 of 2013 (SST No. 502 of 2013), under Section 394 IPC, Police Station New Agra, District Agra, pending in the Court of Special Judge (DAA), Agra.
Learned counsel for the applicants submits that applicant no. 1 is a medical practitioner whereas applicant nos. 2 and 3 are compounder i.e. supporting staff of applicant no. 1 and opposite party no. 2 is an advocate by profession. He further submits that now parties have entered into compromise and a joint affidavit dated 3.8.2018 has also filed before the court below along with signature of applicants as well as opposite party no. 2. He further submits that opposite party no. 2 himself has filed application before the court below on 4.8.2018 for withdrawing the criminal proceeding against the applicants. Certified copies of all those documents have also been filed along with supplementary affidavit dated 23.08.2018.
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 Deepak Kumar holding brief of Sri Pankaj Dwivedi, learned counsel for opposite party no. 2 has not disputed the said fact and submitted that the disputes have been amicably settled between the parties, 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 :- 30.1.2019 Arvind