Court No. - 33
Case :- APPLICATION U/S 482 No. - 19371 of 2018 Applicant :- Janeshwar And 3 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Jagdish Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard Sri Jagdish Prasad Mishra, learned counsel for the applicants, Sri Rajesh Tiwari, learned counsel for the opposite party no. 2 and learned AGA for the State and perused the record.
By means of the present application under Section 482 Cr.P.C., the applicants have prayed for quashing the charge sheet no. 284 of 2012 dated 13.10.2012 and cognizance order dated 20.10.2012 and also quash the further proceeding of Case No. 3771/9 of 2016 (State Versus Janeshwar and others), under Sections 324, 504, 506 I.P.C., Police Station-Thanabhawan, District Shamli arising out of Case Crime No. 411 of 2012, pending before the Additional Chief Judicial Magistrate-III, Muzaffarnagar.
It has been contended by learned counsel for the applicants that the opposite party no. 2 and the applicants have executed a compromise stating that the F.I.R. was lodged due to some misunderstanding which has been cleared between the parties. He further submits that both the parties have settled their dispute and entered into a compromise, copy of which has been annexed at page 29 of the application, hence the proceeding against the applicants be quashed.
Learned counsel for the applicants in support of his contention has placed reliance on the judgment of Apex Court in the case of Manoj Sharma Vs. State, (2008)16 SCC1, B.S. Joshi Vs. State of Haryana & others, (2003) 4 SCC 675 and Gian Singh Vs. State of Punjab & another, (2012)10 SCC 303 and has submitted that the applicants and opp. party No.2 have compromised the dispute and as such opp. party No.2 does not want to press the present case against the applicants.
From the perusal of the record it is apparent that parties have entered in to compromise and have settled their dispute amicably.
In this regard the view taken by the Apex court in the case of B.S. Joshi (supra) and Gian Singh versus State Of Punjab (supra) which has been relied upon by the learned counsel for the applicants finds force that this court in exercise of its inherent power under section 482 Cr.P.C. can quash the proceeding as the dispute has been amicably settled between the parties.
Hence, considering the facts and circumstances of the case and nature of offence the proceeding of the aforesaid case hereby quashed.
It is made clear that opp. party no.2, if have any grievance against this order, he may move an appropriate application within three months from today.
The present 482 Cr.P.C. application stands allowed.
Order Date :- 29.5.2018 K.K. Maurya