Court No. - 71
Case :- APPLICATION U/S 482 No. - 21399 of 2019 Applicant :- Lallu Kushwaha @ Lal Ram And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ray Sahab Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
A short counter affidavit has been filed today on behalf of the opposite party no. 2 which is taken on record.
Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Dheeraj Kumar Singh, learned counsel for the opposite party no. 2.
The applicants, by means of this application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with a prayer to quash their prosecution of S.S.T. No. 56 of 2018, arising out of Case Crime no. 795 of 2017, under Sections 147, 323, 504, 506 I.P.C. and Section 3(1)5 SC/ST Act, Jhansi, P.S. Mauranipur, district-Jhansi, pending in the Court of Special Judge (SC/ST) Act, Jhansi as well as chargesheet dated 27.12.2017 and cognizance order dated 5.1.2018.
Learned counsel for the applicants and the opposite party no. 2 submitted that the dispute between the applicants and the opposite party no. 2 which had led to the institution of the impugned criminal prosecution of the applicants on the basis of the F.I.R. lodged against them by the opposite party no. 2, has been amicably settled and the parties have entered into a written compromise on 7.5.2019, copy whereof has been brought on record as annexure no. 4 to the short counter affidavit. Original compromised deed is also taken on record. Learned counsel for the opposite party no. 2 further submitted that the opposite party no. 2 is no longer interested in the prosecution of the applicants, and she has no objection if the proceedings of the aforementioned case as well as the prosecution of the applicants is quashed.
After having heard learned counsel for the parties and perused the material brought on record, I am of the considered view that since the dispute between the parties has been resolved and considering the nature of the offences with which the applicants have been charged as well as relationship between the parties, trial of the applicants for the aforementioned offences shall be a wastage of precious time of the Court.
Thus in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in (2012) 10 SCC 303; Gian Singh vs. State of Punjab and 2014 AIR SCW 2065; Narinder Singh and others vs. State of Punjab and Another.
I, accordingly, allow this application and quash the prosecution of the applicants in the aforementioned case.
The application is allowed.
Order Date :- 30.5.2019 Faridul