Court No. - 49
Case :- APPLICATION U/S 482 No. - 1571 of 2018 Applicant :- Manish Shrivastava And 3 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Mr Ashutosh Sharma Counsel for Opposite Party :- A.G.A.,Nitesh Kumar Singh
Hon'ble Saumitra Dayal Singh,J.
Joint supplementary affidavit filed today, is taken on record.
Heard Sri Ashutosh Sharma, learned counsel for the applicants and Sri Nitesh Kumar Singh, learned counsel for the opposite party no. 2.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 14.08.2017 and the summoning order dated 07.09.2017 as well as entire criminal proceedings of Case Crime No. 757 of 2017 (State Vs. Manish and others), under Sections- 323, 504, 427 I.P.C. and Section 3(1)(10) of the SC/ST Act, Police Station- Kalyanpur, District- Kanpur Nagar, pending before the Special Judge, SC/ST Act, Kanpur Nagar.
It has been contended by learned counsel for the applicants that the differences between the parties have been amicably settled through compromise. Learned counsel for the opposite party no.2 has admitted the fact of the compromise and submits that opposite party no. 2 has no objection, if the proceedings of the aforesaid case are quashed.
Learned counsel for the applicants in support of his contention has placed reliance on the judgment of Supreme Court in the cases of Narindra Singh vs. State of Punjab reported in (2014) 6 SCC 466 and Yogendra Yadav vs. State of Jharkhand reported in (2014) 9 SCC 653 and has submitted that the applicants and opposite party no.2 have compromised the dispute and as such opposite party no.2 does not want to press the aforesaid case against the applicants. Opposite party no.2 is ready to withdraw the prosecution of the applicants and in view of the compromise no fruitful purpose would be served if the prosecution is allowed to go on.
From the perusal of the record it is apparent that parties have entered in to compromise and have settled their dispute amicably.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties regarding the compromise entered into between the parties, there is minimal chance of witnesses coming forward in support of prosecution case and it may become difficult to prove as to who caused these injuries, hence chances of conviction appear to be remote. Taking all these factors into consideration cumulatively, the compromise between parties be accepted and further taking into account the legal position as laid down by the Supreme Court in the cases of Narindra Singh vs. State of Punjab (supra) and Yogendra Yadav vs. State of Jharkhand (supra) the entire proceedings of the aforesaid case are hereby quashed.
The instant application is allowed. Order Date :- 26.2.2018 A. Singh