Court No. - 51
Case :- APPLICATION U/S 482 No. - 6839 of 2017
Applicant :- Hazi Saeed And 10 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Kaustubh Srivastava
Counsel for Opposite Party :- G.A.,Avnish Kumar Srivastava
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicants, Sri Avnish Kumar Srivastava, learned counsel for the opposite party no.2 and learned A.G.A. for the State respondent.
The present application has been filed for quashing the order dated 21.2.2017 passed by Additional Chief Judicial Magistrate, court no.3, Meerut in case no. 2447 of 2016 under Section 147, 323, 354, 504, 427, 395, 354-B IPC, P.S. Railway Road District Meerut, whereby discharge application has been rejected.
On 7.3.2017, an order was passed with the following direction:
"Let the compromise be filed before the court concerned to verify the same after issuing notice to the parties, which exercise shall be completed within a period of two months from today under intimation to this Court."
Today when the case has been taken up, a certified copy of the order sheet has been filed before this Court. The order dated 4.5.2017 and the subsequent order show that the compromise has been duly verified. A certified copy of the order sheet filed today is taken on record.
Sri Avnish Kumar Srivastava, learned counsel for opposite party no.2 has also stated that the parties have entered into compromise and the opposite party no.2 has no objection if the present application u/s 482 CrPC is allowed and the proceedings are quashed in terms of the compromise.
In view of the fact that the parties do not want to pursue the case any further as stated by them and the fact that matter is purely of personal nature, which has been mutually settled between the parties, 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 set aside.
The present application is accordingly allowed as prayed.
Order Date :- 26.9.2019 SP