Court No. - 52
Case :- APPLICATION U/S 482 No. - 9952 of 2018 Applicant :- Imran And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashwini Kumar Ojha Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ashwini Kumar Ojha, learned counsel for the applicants, Sri Ved Prakash Ojha, learned counsel for the opposite party no.2 and learned A.G.A. for the State and perused the material placed on record.
This application under Section 482 Cr.P.C. has been filed for quashing entire proceeding in Case No.147 of 2018 arising out of Case Crime No.233 of 2017, under Sections 354(A) (1),354(B), 323, 504, 506 I.P.C., P.S. Deoband, District Saharanpur, pending in the court of Additional Chief Judicial Magistrate, Deoband, Saharanpur.
Learned counsel for the parties have stated that the applicants and opposite party no.2 are immediate neighbours. It is stated that even during investigation differences between them was settled. In this regard, an application supported with the affidavit of opposite party no.2 was given to the Investigating Officer which forms part of Case Diary, yet the Investigating Officer has submitted the charge-sheet against the applicants. It is contended that ever since parties have settled all their differences, the opposite party no.2 does not want to contest the proceeding any further. The said averment is mentioned in the joint affidavit. 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. as from bare reading of allegations made in the F.I.R., prima facie, dispute appears to be of personal nature.
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 :- 29.3.2018 MN/-