Court No. - 73
Case :- APPLICATION U/S 482 No. - 6313 of 2019 Applicant :- Kanhaiya Lal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dileep Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Counter affidavit filed today by Sri Ranvijay, learned counsel for opposite party no. 2 be taken on record.
Heard learned counsel for the applicant, learned AGA for the State and Sri Ranvijay, learned counsel for opposite party no. 2.
The present application under section 482 Cr.P.C. has been filed for quashing the proceedings of Case No. 500 of 2006 arising out of N.C.R. No. 10 of 2005, under sections 352, 504, 506, 427 I.P.C., Police Station- Piparaich, District- Gorakhpur on the basis of compromise dated 24.07.2018 pending in the court of Judicial Magistrate-III, Gorakhpur.
Learned counsel for the applicant submitted that under some misunderstanding, an F.I.R. has been lodged against the applicant but now the parties have entered into compromise and no dispute is remain between the parties as on date. It is next submitted that even in the present matter, counter affidavit has also been filed by opposite party no. 2 , in which opposite party no. 2 has accepted the facts of compromise. It is lastly submitted that in light of compromise as well as counter affidavit filed by opposite party no. 2, present proceeding may be quashed.
Sri Ranvijay, learned counsel for opposite party no. 2 has supported the case of the applicant by filing counter affidavit. He further submitted at the bar that in case this Court is pleased to quash the criminal proceeding pending against the applicant, he has no objection.
In view of above, the applicant and respondents 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. Stated 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 :- 25.2.2019 Sartaj