Court No. - 52
Case :- APPLICATION U/S 482 No. - 8353 of 2018 Applicant :- Hari Chand Agrahari And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dheeraj Kumar Singh,Ragvendra Singh Rathour Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Dheeraj Kumar Singh, learned counsel for the applicants and Sri Prashant Prasad Rao, 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 Criminal Case No.851 of 2018 (State Vs. Harish Chandra and others), arising out of Case Crime No.519 of 2017, under Sections 354, 376, 511, 506 and 120-B I.P.C., P.S. Sigra, District Varanasi, pending in the court of Chief Judicial Magistrate, Varanasi.
The submission of learned counsel for both the parties is that the matter is matrimonial one and parties have settled their differences and have arrived at a compromise. The compromise dated 8.12.2017 has been filed before the court concerned and copy of the same is annexed as Annexure-4 to the affidavit filed in support of this application.
It is not disputed in the short counter affidavit filed by opposite party no.2. Therefore, in terms of the compromise deed, the parties have agreed to withdraw their cases against each other including the present case so that they may live amicably and peacefully.
Learned counsel for the opposite party no.2 has submitted that his client has no objection, if the proceedings impugned in the present application are quashed in exercise of inherent power under Section 482 Cr.P.C.
I have heard learned counsel for the parties and perused the averment made in the complaint which transpires that applicants and opposite party no.2 have settled their dispute amicably.
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, the aforesaid proceeding is hereby quashed.
Criminal Misc. Application under Section 482 Cr.P.C., accordingly stands allowed.
A copy of this order be certified to the lower court forthwith.
Order Date :- 23.3.2018 MN/-