Court No. - 15
Case :- APPLICATION U/S 482 No. - 33036 of 2015 Applicant :- Kaushal Swaroop Rawat Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Saurabh Gour,Dr. Akhilesh Kumar Counsel for Opposite Party :- G.A.,Jitendra Pal Singh
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties.
The present application u/s 482 Cr.P.C., has been filed with the prayer to quash the entire proceeding of complaint Case No. 1261 of 2008 (Smt. Pankaj Singh Vs. Kaushal Swaroop Rawat and another) under Section 420 IPC, Police Station Sasni Gate, District Aligarh pending in the court of Additional Chief Judicial Magistrate, Court No. 4, Aligarh as well as in order dated 07.09.2015 passed by Additional Sessions Judge Court No. 6, Aligarh.
The opposite party No. 2 (Smt. Pankaj Singh) has filed affidavit in connected application u/s 482 Cr.P.C., No. 33391 of 2015, that the matter has been settled amicably between the parties.
Hon'ble Apex Court in Parbatbhai Aahir @ Parbathbai Bhimsinghbhai Karmur and ors Vs. State of Gujarat and anr reported in (2017) 9 SCC 641 has held as follows:-
"16.9. In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice;"
In this case, matter has been settled between the parties, therefore, conviction of the applicant is least possible.
Accordingly application under Section 482 Cr.P.C., is allowed and the entire proceeding of complaint Case No. 1261 of 2008 (Smt. Pankaj Singh Vs. Kaushal Swaroop Rawat and another) under Section 420 IPC, Police Station Sasni Gate, District Aligarh pending in the court of Additional Chief Judicial Magistrate, Court No. 4, Aligarh as well as the order dated 07.09.2015 passed by Additional Sessions Judge Court No. 6, Aligarh are hereby quashed.
Order Date :- 27.11.2018 Jaswant