Court No. - 52
Case :- APPLICATION U/S 482 No. - 10099 of 2018 Applicant :- Jay Prakash And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pradeep Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Pradeep Kumar Tiwari, learned counsel for the applicants and Sri R.P. Srivastava, learned counsel for the opposite party no.2, learned A.G.A. for the State-opposite party no.1 and perused the material placed on record.
This application under Section 482 Cr.P.C. has been filed for quashing entire proceeding in Special Session Trial No.77 of 2016 (State Vs. Jay Prakash and others), arising out of Case Crime No.536 of 2015, under Sections 323, 504, 506 I.P.C.and 3(1)(X) of SC/ST Act, P.S. Mehdawal, District Sant Kabir Nagar, pending in the court of Additional Sessions Judge/F.T.C.-1, Sant Kabir Nagar.
Learned counsel of the opposite party no.2 has filed a short counter affidavit in which it is stated that with the intervention of friends and villagers, both the parties have settled their dispute. It is stated that there is only one injured who is the first informant. It is stated that a compromise has been filed before Special Judge, Sant Kabir Nagar on 15.9.2017. It is also stated that the offences under Indian Penal Code are bailable ones and offence under the provisions of SC/ST Act is not compoundable. In view of it,they have reasons to believe that trial court will not quash the proceedings based on the compromise.
Be that as it may, as the dispute between opposite party no.2 and the applicants is purely of personal nature and most of the offences are bailable ones and the parties have settled their dispute amicably, no useful purpose would be served in keeping the proceedings alive.
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.
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/-