Court No. - 55
Case :- APPLICATION U/S 482 No. - 46425 of 2018 Applicant :- Kailash Yadav And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ankit Kapoor Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Sri Ashish Goyal has filed his vakalatnama on behalf of opposite party no. 2 today in Court, which is taken on record.
Heard learned counsel for the applicants, learned AGA for the State and Sri Ashish Goyal, learned counsel for opposite party no. 2.
The present application under section 482 Cr.P.C. has been filed for quashing the entire proceedings along with summoning order dated 30.8.2017 in Complaint Case No. 1662 of 2016, under Sections 452, 323, 504, 506 IPC, Police Station Chaubeypur, District Varanasi pending in the Court of J.M.-I, Varanasi.
Learned counsel for the applicants submits that earlier the Court vide order dated 2.8.2018 passed in Application U/S 482 No. 26306 of 2018 has directed the court concerned to verify the compromise, which is arrived between the parties. He further submits that pursuant to order dated 2.8.2018, court below has verified the compromise on 5.9.2018 in Complaint Case No. 1662 of 2016. He further submits that the present application has been filed for quashing of the criminal proceeding, which is pending before the court below.
Learned counsel for the applicants states that the matter has been compromised and the opposite party no. 2 does not want to pursue the matter any further as the matter has been amicably settled between the parties, therefore, the present case may be finally decided.
Sri Ashish Goyal, learned counsel for opposite party no. 2 has not disputed the said fact and submitted that the said compromise has already been verified by court below, therefore on the basis of compromise the Hon'ble Court may kindly be quash the entire proceeding of the aforesaid case.
In view of above, the applicants and opposite party no. 2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.
Thus in view of the well settled principle 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 judgement of the Apex Court reported in J.T. 2008 SC 192 (Nikhil Merchant Vs. Central Burea of Investigation and another) as well as Judgment of the Apex Court reported in (2012)10 SCC 303 (Gian Singh Vs. State of Punjab) and reported in 2014 Supreme Today 642 (Narinder Singh & others Vs. State of Punjab and another), the proceedings of the aforesaid case is hereby quashed.
The present application is, accordingly, allowed. Order Date :- 19.12.2018 Arvind