Court No. - 28
Case :- APPLICATION U/S 482 No. - 22456 of 2008 Applicant :- Dr. S.D. Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Samit Gopal,Anupama Parashar,Satendra Kumar Upadhyay Counsel for Opposite Party :- Govt. Advocate
Hon'ble Rajeev Misra,J.
Case called out in revised list. Mr. Satendra Kumar Upadhyay, learned counsel for applicant and learned A.G.A. representing State are present.
A counter affidavit on behalf of opposite party Nos. 2 and 3 has been filed by Mr. Ashutosh Yadav, but in spite of revision of cause list, neither he nor any counsel on his behalf is present.
This application under section 482 Cr. P. C. has been filed challenging summoning order dated 18.05.2005 passed by Additional Civil Judge (Junior Division), Court No. 3, Bulandshahr in Complaint Case No. 4082 of 2005 (Dr. R.P. Sharma Vs. Dr. S.D. Sharma and others) (initially numbered as Complaint Case No. 51 of 2002) under section 500 IPC, P.S. Kotwali City, District Bulandshahr, as well as entire proceedings of above mentioned complaint case.
Instant application came up for admission on 26.8.2008 and this Court passed interim order, whereby notices were issued to opposite party No. 2 and till the next date of listing, further proceedings of above mentioned Complaint Case were stayed.
Perusal of order sheet shows that above mentioned interim order has been extended from time to time.
During pendency of present application, parties have entered into a compromise and amicably settled the dispute. In view of compromise so entered between the parties an application dated 22.6.2019 duly supported by an affidavit was filed by complainant before Court below praying therein that as matter has been compromised between the parties, complainant is no longer interested in pursuing complaint. However, on account of interim order passed by this Court, above mentioned application has remained pending.
Learned counsel for applicant submits that dispute between the parties is a private dispute and parties have settled the dispute outside the Court. Consequently, complainant has filed an application before Court below stating therein that he is no longer interested in pursuing his complaint.
On the aforesaid factual premise, it is thus urged that no useful purpose shall be served by keeping proceedings of above mentioned complaint case pending. It is thus submitted that in the interest of justice this Court may quash proceedings of above mentioned complaint case.
Learned A.G.A. has no objection to the submission made by learned counsel for applicant.
Considering the submissions made by parties and also law laid down by Apex Court in the following cases:-
1. B.S. Joshi and others Vs. State of Haryana and another (2003)4 SCC 675
2. Nikhil Merchant Vs. Central Bureau of Investigation[2008)9 SCC 677]
3. Manoj Sharma Vs. State and others ( 2008) 16 SCC 1,
4. Gian Singh Vs. State of Punjab (2012) 10 SCC 303
5. Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466.
this Court is of the considered opinion that once the parties have settled the dispute outside the Court and complainant has submitted an application before Court below stating therein that he does not wish to pursue the complaint, no useful purpose shall be served in keeping the present application pending before this Court.
In view of above, application succeeds and is allowed.
The summoning impugned order dated 18.05.2005 passed by Additional Civil Judge (Junior Division), Court No. 3, Bulandshahr in Complaint Case No. 4082 of 2005 (Dr. R.P. Sharma Vs. Dr. S.D. Sharma and others) (initially numbered as Complaint Case No. 51 of 2002) under section 500 IPC, P.S. Kotwali City, District Bulandshahr, as well as entire proceedings of the above mentioned complaint case is hereby quashed.
Office is directed to inform about this order to Court below by fix within 48 hours.
Order Date :- 28.11.2019/HSM