Court No. - 4
Case :- APPLICATION U/S 482 No. - 4895 of 2004 Applicant :- Lekhraj And Others Opposite Party :- State Of U.P. Thru' S.S.P. Agra And Another Counsel for Applicant :- R.N. Sharma,A.K. Sharma,R.D. Singh Counsel for Opposite Party :- Govt. Advocate,Manoj Yadav,Sanjay Kumar Srivastava
Hon'ble Bala Krishna Narayana,J.
The applicant through this application under Section 482 Cr. P. C. has invoked the inherent jurisdiction of this Court with a prayer to quash the charge-sheet dated 12.12.2003 submitted in Case Crime No. 225 of 2003, under Section 198 A, U. P. Z. A. & L. R. Act and Sections-504, 506, 434 and 436 IPC and Sections 3 (1) (x) of SC/ST Act, P. S. Malpura, district-Agra as well as the entire proceedings of Case No. 71 of 2004; State Versus Lekhraj and others under Section-198 A, U. P. Z. A. & L. R. Act and Sections- 504, 506, 434 and 436 IPC and Sections 3 (1) (x) of SC/ST Act, P.
S. Malpura, district-Agra, which is pending in the Court of C. J. M., Ist, Agra.
Heard Sri Atul Sharma, learned counsel for the applicants, learned A. G. A. for the State as well as Sri Sri Sanjay Kumar Srivastava, learned counsel for the respondent no. 2.
It has been informed that the applicant nos. 1 and 8 have died. Learned counsel for the parties have jointly submitted that the dispute which led to lodging of the F. I. R. by the respondent no. 2 against the applicants which was registered as Case Crime No. 225 of 2003, under Section 198 A, U. P. Z. A. & L. R. Act and Sections- 504, 506, 434 and 436 IPC and Sections 3 (1) (x) of SC/ST Act, P.
S. Malpura, district-Agra and in which after completion of the investigation charge-sheet was laid, has been amicably settled between them outside the Court and the parties have entered into compromise, copy whereof has been annexed as Annexure 1 to the joint compromise affidavit dated 11.12.2008, which has been sworn and signed by the applicant and the informant Bhoori Singh, respondent no. 2. He has further submitted that since the complainant is no longer interested in adducing any evidence to prove the charge and there is no likelihood of the applicants' being convicted in view of the aforementioned compromise entered into between the parties, further prosecution of the applicants will be nothing but wastage of valuable time of the Court.
Having hearing learned counsel for the parties and perused the joint compromise affidavit filed by the parties before this Court, I am of the view that since the informant is no longer interested in prosecuting the applicants further, no useful purpose would be served in proceeding with the prosecution of the applicants. Moreover, the dispute between the parties appears to be of private nature.
Learned A. G. A. also has no objection to the charge-sheet being quashed in terms of the compromise.
In view of the above, this application is allowed and the proceedings of Case No. 71 of 2004; State Versus Lekhraj and others under Section-198 A, U. P. Z. A. & L. R. Act and Sections- 504, 506, 434 and 436 IPC and Sections 3 (1) (x) of SC/ST Act, P.
S. Malpura, district-Agra, which is pending in the Court of C. J. M., Ist, Agra initiated pursuant to submission of chargesheet in Case Crime No. 225 of 2003, under Section 198 A, U. P. Z. A. & L. R. Act and Sections-504, 506, 434 and 436 IPC and Sections 3 (1) (x) of SC/ST Act, P. S.-Malpura, district-Agra are quashed keeping in view the compromise entered into between the parties.
Order Date :- 29.3.2018 HR