Court No. - 17
Case :- APPLICATION U/S 482 No. - 35552 of 2018 Applicant :- Irshad And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohammad Asif Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Affidavit filed on behalf of opposite party no. 2 is taken on record.
Heard Sri Mohd. Asif learned counsel for the applicants, Sri Raza Ullah Khan, learned counsel for the opposite party no.2, Sri M.P. Singh Gaur, learned A.G.A. appearing for the State and perused the record.
This application under Section 482 Cr.P.C has been moved with a prayer to quash the entire proceedings of Case No.586 of 2018 (State vs. Irshad and others) arising out of Case Crime No.0877 of 2017, under sections 452, 323, 504, 506 IPC, Police Station Swar, District Rampur pending before the court of 1st Additional Chief Judicial Magistrate, Rampur as well las charge-sheet dated 08.12.2017 and the cognizance taken on 03.02.2018 and also a prayer is made to stay the proceedings in this case till the disposal of this application.
An affidavit has been filed on behalf of the opposite party no. 2 stating therein that the opposite party no. 2 has entered into a compromise with the accused-applicants in this case. In paragraph no.4 of the said affidavit it has been narrated by the opposite party no. 2 that the parties have entered into compromise outside of the court and further the parties have jointly moved an application on 30.08.2018 before the court of Additional Chief Judicial Magistrate-I, Rampur and made a request to decide the case accordingly. In paragraph no. 5 of the said affidavit it is mentioned that there is no dispute outstanding between the parties and that he does not want to proceed with the present case.
Learned A.G.A. states that he has no objection to the said compromise and for quashing the criminal proceedings in the above-mentioned case.
Since the parties have entered into a compromise which is evident from the settlement agreement dated 30.08.2018 reached between the parties, it would be in the interest of justice that the criminal proceedings in the said case be quashed in the light of law laid-down in the case of Gian Singh vs. State of Punjab and another, 2012(10) SCC 303, as no useful purpose would be served in keeping the proceedings of the said complaint case pending, looking to the fact that there is no likelihood of the accused- applicants being convicted. The proceedings need to be quashed.
In view of the above, proceedings in case No. 586 of 2018 (State Vs. Irshad and others) arising out of Case Crime No.0877 of 2017, under Sections 452, 323, 504, 506 I.P.C. P.S. Swar, District Rampur are hereby quashed and the application is allowed.
Order Date :- 26.10.2018 AU