Court No. - 12
Case :- APPLICATION U/S 482 No. - 14124 of 2007 Applicant :- Smt. Kumud Gupta Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Dharmendra Singhal,Rahul Sripat Counsel for Opposite Party :- Govt. Advocate
Hon'ble Neeraj Tiwari,J.
Heard Sri Rahul Sripat, learned counsel for the applicants, learned AGA for the State and Sri R.K. Vaish, learned counsel for opposite party no. 2.
The present application under section 482 Cr.P.C. has been filed for quashing the entire proceedings in Case No.5889 of 2006 (State Vs. Ujjwal Gupta and others) under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District Varanasi pending in the Court of C.J.M., Varanasi.
Learned counsel for the applicants has submitted that present 482 application is arising out of same dispute adjudicated in application u/s 482 No. 16459 of 2006 and this Court vide order dated 26.11.2018, allowed the said application by quashing the criminal proceeding. It is also stated that earlier application u/s 482 No. 16459 of 2006 was filed by Ujjwal Gupta who is the son of present applicant. Learned counsel for the applicant states that the matter has been compromised and the respondent 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 R.K. Vaish, learned counsel for opposite party no. 2 has not disputed the said fact and submitted that the disputes have been amicably settled between the parties, therefore on the basis of compromise the Hon'ble Court may kindly be quash the entire proceeding of the aforesaid case in the light of order dated 26.11.2018 passed by this Court in application u/s 482 No. 16459 of 2006.
In view of the fact that the parties do not want to pursue the case any further as has been compromised 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 :- 26.11.2018 Sartaj