Court No. - 55
Case :- APPLICATION U/S 482 No. - 46595 of 2018 Applicant :- Krishna Swarup And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Lakshman Singh Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Short counter affidavit along with Vakalatnama filed today by Avdhesh Narayan Tiwari, learned counsel for opposite party no. 2 be taken on record.
Heard learned counsel for the applicants, learned AGA for the State and Avdhesh Narayan Tiwari, learned counsel for opposite party no. 2.
The present application under section 482 Cr.P.C. has been filed for quashing the order dated 03.07.2017 and entire proceedings of Complaint Case No. 5 of 1986/S.T. No. 42 of 1987 (Shri Kant Vs. Krishna Swarup and others), under section 392 IPC, pending in the court of III-Additional Session Judge/Special Judge (D.A.A.), Orai at Jalaun.
Learned counsel for the applicants submitted that now the parties have entered into compromise and no dispute is remains between the parties as on date. It is further submitted that a frivolous complaint has been lodged against the applicants under section 392 IPC for a loot of Rs. 250/- only. It is next submitted that out of four accused persons, one Arun Kumar was acquitted by the court below vide judgment and order dated 2.11.2018 and co-accused Bhardwaj died. It is also submitted that in light of compromise affidavit as well as counter affidavit filed by opposite party no. 2, present proceeding may be quashed.
Avdhesh Narayan Tiwari, learned counsel for opposite party no. 2 has supported the case of the applicants. He further submitted that in case this Court is pleased to quash the criminal proceeding pending against the applicants, he has no objection.
In view of above, the applicants 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 accordingly allowed. Order Date :- 20.12.2018 Sartaj