Court No. - 44
Case :- APPLICATION U/S 482 No. - 25561 of 2018 Applicant :- Gopi Ram Opposite Party :- State Of Up And 7 Others Counsel for Applicant :- Raj Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
Heard Mr. Raj Kumar, learned counsel for the applicants and the learned A.G.A. for the State.
The application under Section 482 Cr.P.C. has been filed challenging the entire proceedings of Complaint Case No. 66 of 2015 (Gopi Ram Vs. Bhanu Pratap), under sections 387, 504, 506 IPC, P.S. Kotwali jalaun, District Jalaun well as the entire proceedings of above mentioned complaint case.
A joint affidavit duly sworn by the the complainant as well as the Bhanu Pratap was filed in the present application.
Learned counsel for the applicant submits that the applicant is the complainant of the above mentioned complaint case. During the pendency of the complaint case, the parties have settled their dispute outside the Court by way of compromise. He, therefore, submits that in view of the compromise so entered between the parties, outside the court, the complainant- applicant does not wish to pursue the above mentioned complaint case. He, further, submits that since the present application has been filed duly supported by a joint affidavit of the complainant and the accused, this court in exercise of its power under Section 482 Cr.P.C. may itself quash the proceedings of the above mentioned complaint case in the interest of justice, instead of relegating the parties to the Court below.
Having heard the learned counsel for the parties as well as the learned A.G.A. for the State and in view of the admitted fact that the present application has been supported by a joint affidavit of the complainant and the accused, there is no reason to doubt the compromise which has taken outside the Court.
Therefore, in view of the facts, as noted above, the present application is allowed. The proceedings of Complaint Case No. 66 of 2015 (Gopi Ram Vs. Bhanu Pratap), under sections 387, 504, 506 IPC, P.S. Kotwali jalaun, District Jalaun, are quashed.
The application is allowed. However, there shall be no costs.
Order Date :- 31.7.2018/Arshad