Case :- APPLICATION U/S 482 No. - 24779 of 2018 Applicant :- Krishna Kumar Singh And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Gaurav Kumar Shukla Counsel for Opposite Party :- G.A.,Sheetala Prasad Pandey
Hon'ble J.J. Munir,J.
Heard Sri Gurav Kumar Shukla, learned counsel for the applicants, Sri Shitala Prasad Pandey, learned counsel for of opposite party no.2 and the learned A.G.A. appearing on behalf of the State.
This is an application under Section 482 Cr.P.C. seeking to quash proceedings of Criminal Case no.2454 of 2015, State vs. Krishna Kumar Singh and others (arising out of Case Crime no.309 of 1987), under Sections 380, 457 IPC, Police Station Bakhira, District Sant Kabir Nagar, pending in the court of the Judicial Magistrate, Sant Kabir Nagar.
Looking to the fact that the parties had some sort of a compromise in the offing but could not settle its precise terms, this Court referred the parties to the Allahabad High Court Mediation and Conciliation Centre vide order dated 30.07.2018. This Court has received a report from the Centre dated 09.08.2018 saying - "Mediation Completed. Agreement enclosed." Along with the report of the Mediation Centre a settlement agreement also dated 08.08.2018 is enclosed. The parties have settled all issues amicably that are incorporated in paragraphs 6(a) to 6(e) in the settlement agreement dated 08.08.2018. A reading of the aforesaid settlement agreement shows it to be an evenhanded settlement where there is mutuality of terms. The compromise is not in any way unlawful or against the Public Policy of India.
Considering the fact that parties have compromised all issues and are not of mind to prosecute proceedings of Criminal Case no.2454 of 2015, State vs. Krishna Kumar Singh and others (arising out of Case Crime no.309 of 1987) as above detailed, no useful purpose would be served by permitting the impugned proceedings to continue. It would be a waste of public time and money besides avoidable harassment to parties.
In the opinion of this Court, therefore, the proceedings impugned deserve to be quashed in order to secure the ends of justice.
The proceedings of Criminal Case no.2454 of 2015, State vs. Krishna Kumar Singh and others (arising out of Case Crime no.309 of 1987), under Sections 380, 457 IPC, Police Station Bakhira, District Sant Kabir Nagar, pending in the court of the Judicial Magistrate, Sant Kabir Nagar, are hereby quashed.
An entry shall be caused to be made in the GD of Police Station Bakhira, District Sant Kabir Nagar that proceedings arising out of Case Crime no.309 of 1987, under Sections 380, 457 IPC, Police Station Bakhira, District Sant Kabir Nagar, stand quashed under orders of this Court. It shall be ensured by the Chief Judicial Magistrate, Sant Kabir Nagar that this part of the order is carried out in the GD of the Police Station concerned.
Order Date :- 18.8.2018 Anoop/ Imroz