Court No. - 73
Case :- APPLICATION U/S 482 No. - 39001 of 2011 Applicant :- Smt. Durga @ Cheena Opposite Party :- State Of U.P. And Another Counsel for Applicant :- R.K.R. Sharma,Raghvendra Kumar Mishra Counsel for Opposite Party :- Govt.Advocate,Ronak Chaturvedi,Shiva Kant Dubey
Hon'ble Neeraj Tiwari,J.
Joint compromise affidavit filed today by learned counsel for both the parties having the signatures of applicant and opposite party no. 2, be taken on record.
Heard learned counsel for the applicant, learned AGA for the State and Shiva Kant Dubey, learned counsel for opposite party no. 2.
The present application under section 482 Cr.P.C. has been filed for quashing the proceedings of Complaint Case No. 1235 of 2010 and also summoning order dated 29.09.2010 (Vijendra Singh Verma vs. Ashok Kumar Verma and others) passed by A.C.J.M. 2, Agra under section 406 I.P.C., P.S. M.M. Gate, District Agra, pending in the court of Additional chief Judicial Magistrate-II, Agra.
Learned counsel for the applicant submitted that now the parties have entered into compromise and no dispute is remain between the parties as on date. It is next submitted that even in the present matter, joint compromise affidavit has also been filed, in which the fact of compromise has been accepted by opposite party no. 2. It is lastly submitted that in light of joint compromise affidavit, present proceeding may be quashed.
Sri Shiva Kant Dubey, learned counsel for opposite party no. 2 has supported the case of the applicant on the basis of joint compromise affidavit. He further submitted that in case this Court is pleased to quash the criminal proceeding pending against the applicants, he has no objection.
In view of above, the applicant and respondents 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. Stated 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 :- 26.2.2019 Sartaj