Court No. - 66
Case :- APPLICATION U/S 482 No. - 3166 of 2017
Applicant :- Govind Singh Yadav And 2 Othrs.
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Ashutosh Upadhyay,Anuj Kumar Gupta
Counsel for Opposite Party :- G.A.,Mohan Lal
Hon'ble Rajul Bhargava,J.
Sri Vijay Triapthi, Advocate has filed his vakalatnama on behalf of opposite party no.2, which is taken on record.
Short counter affidavit and rejoinder affidavit filed by learned counsels for the parties are taken on record.
Heard Sri Anuj Kumar Gupta, learned counsel for the applicants, Sri Vijay Tripathi, learned counsel for opposite party no.2 as well as learned learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed seeking quashing of the impugned summoning order dated 1.12.2016 passed by Judicial Magistrate Chandausi, Moradabad as well as the entire criminal proceedings of Complaint Case No.92 of 2016 (Mukesh Pal vs. Govind Singh and others), under Section 3/4 of D.P. Act, Police Station- Kurh Fatehgarh, District Sambhal, pending in the court of Judicial Magistrate Chandausi, Moradabad.
Learned counsel for the parties have stated that the dispute between the parties is a matrimonial one. In the counter affidavit, it is stated that the applicant no.1 and opposite party no.2 have settled all their disputes and differences and have arrived at a compromise, copy of which has been annexed as Annexure-SCA-1 to the counter affidavit. As per the terms of compromise, the opposite party no.2 has agreed to withdraw the case initiated against the applicants and has no objection if the aforesaid proceedings against the applicants are quashed.
Therefore, in view of the law laid down by the Hon'ble Apex Court in the case of B.S. Joshi vs State of Haryana (reported in 2003(4) SCC 675) as well as in the case of Gyan Singh vs State of Punjab (reported in SCC 2012, Vol. 10, Page 303) the impugned summoning order as well as the entire criminal proceedings of the aforesaid complaint case are hereby set-aside.
The present Criminal Misc. Application (U/s 482 Cr.P.C.), accordingly, stands allowed.
A copy of this order be certified to the lower court forthwith.
Order Date :- 26.7.2019 Vikas