Court No. - 52
Case :- APPLICATION U/S 482 No. - 11867 of 2017 Applicant :- Gyan Prakash Agarwal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vikas Srivastava Counsel for Opposite Party :- G.A.,Avinash Kumar Sharma
Hon'ble Rajul Bhargava,J.
Heard Sri Vikas Srivastava, learned counsel for the applicant, Sri Avinash Kumar Sharma, counsel for opposite party no. 2 and learned A.G.A. for the State.
The present 482 Cr.P.C. petition has been filed for quashing the entire criminal proceeding (in terms of compromise) of S.T. No. 1359 of 2016 as well as Case No. 12542 of 2010, arising out of Case Crime no. 203 of 2010, u/s 307, 120B IPC, P.S. Indirapuram, Ghaziabad pending in the court of Addl. Session Judge, Court no. 12, Ghaziabad.
It is submitted by counsel for the parties that the dispute between the applicant and opposite party no. 2 is purely of private nature and they have amicably settled all their disputes and in this regard a compromise has also been filed before the court below annexed as annexure-4 to the affidavit. In this behalf this Court vide order dated 19.4.2017 had directed the court concerned to verify the same after issuing notice to both the parties and submits its report. Pursuant thereto, Addl. Session Judge has verified the compromise and has passed order on 17.7.2017 whose reference has also been made in the order dated 5.8.2017; certified copy of the aforesaid order has been annexed as annexure-SA-1 to the affidavit.
Learned counsel for the applicant has argued that the compromise has taken place between the parties, therefore, the present case be finally decided.
Learned counsel for opposite party no.2 has not disputed the facts as stated by the learned counsel for the applicant. He further contended that opposite party no.2 does not want to proceed with the present case against the applicant and the same may be allowed.
In view of the fact that the parties do not want to pursue the case any further as stated by them, which has been mutually settled between the parties in view of the compromise, no useful purpose would be served in proceeding with the matter further.
Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in (2012) 10 SCC, 303; Gian Singh Vs. State of Punjab and 2014 AIR SCW 2065; Narinder Singh and others Vs. State of Punjab and Another, the proceedings of the aforesaid case is hereby quashed.
The present application is accordingly allowed.
Order Date :- 27.3.2018 Dhirendra/