Court No. - 81
Case :- APPLICATION U/S 482 No. - 15670 of 2021 Applicant :- Jahid @ Sanu And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Srivastava,Mohd. Farooq Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Sri Sagheer (Sageer) Ahmad, learned counsel has filed Vakalatnama on behalf of opposite party no.2, which is taken on record.
Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash/set aside the charge sheet dated 15.6.2020 and cognizance order dated 17.8.2020 as well as entire proceedings of Case Crime No.506 of 2019 (State Vs. Jahid @ Sanu and others), under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station Mangalpur, District Ramabai Nagar, pending in the Court of Additional Chief Judicial Magistrate, First, Kanpur Dehat.
In compliance of the order dated 27.9.2021, bank draft of Rs. 10 lacs received by learned counsel for the opposite party no.2.
Learned counsel for both the parties submit that matter has been compromised between the parties out of the court and compromise deed has been duly verified before the concerned Court below. Compromise verification report is already on record.
Learned counsel for the parties also do not dispute the aforesaid compromise verification report. The counsel for the complainant/opposite party no.2 has stated at the Bar that on account of settlement/compromise made between the parties, now the complainant does not want to continue the criminal proceedings against the applicants.
Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana) as well as the Judgment of the Apex Court reported in J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another), the proceedings of the aforesaid case is hereby set aside.
The present application u/s 482 Cr.P.C. is allowed in terms of the aforesaid compromise/settlement report.
Order Date :- 29.10.2021 Mini