Court No. - 52
Case :- APPLICATION U/S 482 No. - 9700 of 2018 Applicant :- Gaurav Kannaujia Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Chandra Bhan Dubey,Surya Bhan Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Chandra Bhan Dubey, learned counsel for the applicants and Sri Anup Kumar Khare, learned counsel for the opposite party no.2, learned A.G.A. for the State-opposite party no.1 and perused the material placed on record.
This application under Section 482 Cr.P.C. has been filed for quashing entire proceeding in Case No.280 of 2018 (State Vs. Gaurav Kannaujia), arising out of Case Crime No.389 of 2017, under Sections 500, 504, 505(3) IPC and 66 of I.T.Act, P.S. Kotwali, District Bareilly, pending in the court of Chief Judicial Magistrate, Bareilly.
The submission of learned counsel for both the parties is that prima facie offence under Section 66 of Information Technology Act has been declared ultra vires by Hon'ble Apex Court and for the rest of the offences the parties have settled their dispute and arrived at a compromise. However, in my opinion, since the matter pertains to private dispute, the parties shall file a compromise before the court concerned.
In view of it, I direct the concerned court to verify the compromise filed by the applicants and accused and after affording proper opportunity of hearing to the both sides and after due verification in case the parties have compromised the matter then the court will be at liberty to quash the proceedings in view of law laid by Hon'ble Apex Court in the case of Gian Singh vs State Of Punjab and another in Special Leave Petition (Crl) No.8989 of 2010 decided on 24 September, 2012.
A copy of this order be certified to the lower court forthwith.
For a period of two months no coercive steps shall be taken against the applicants.
In view of above, the application stands disposed of.
Order Date :- 27.3.2018/MN/-