Court No. - 38
Case :- APPLICATION U/S 482 No. - 22167 of 2019 Applicant :- Mansharam And 3 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Mithilesh Kumar Shukla,Avanish Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Sri Rajendra Kumar Srivastava, Advocate has filed Vakalatnama on behalf of opposite party no. 2 today in court, which is taken on record.
Heard learned counsel for the applicants, learned AGA for the State and Sri Rajendra Kumar Srivastava, learned counsel for opposite party no. 2.
The present application under section 482 Cr.P.C. has been filed for quashing the Complaint Case No. 1586 of 2010, under Sections 420, 504, 506 I./P.C., Police Station Jaitpur, District Agra as well as summoning order dated 8.4.2011 passed by learned Judicial Magistrate Fatehabad, Agra, pending in the court of Judicial Magistrate, Fatehabad, Agra.
Learned counsel for the applicants submitted that applicants and opposite party no. 2 are resident of same village and civil litigation is pending between them. Ultimately, both the parties have entered into compromise and on the basis of compromise, an application regarding compromise has been filed before the Civil Judge (S.D.), Agra, which is annexed as Annexure-4 to the affidavit filed in support of application. He further submitted that the matter has been compromised and the opposite party 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 is finally decided.
Sri Rajendra Kumar Srivastava, learned counsel for opposite party no. 2 has filed compromise counter affidavit and supported the case of the applicants. He further 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 view of above, the applicants and opposite party 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 Bureau of Investigation and another) as well as Judgment of the Apex Court reported in (2012)10 SCC 303 (Gian Singh Vs. State of Punjab), reported in 2014 Supreme Today 642 (Narinder Singh & others Vs. State of Punjab and another) and judgment of the Apex Court in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others, 2019 LawSuit (SC) 484, the proceedings of the aforesaid case is hereby quashed.
The present application accordingly allowed. Order Date :- 3.6.2019 Rmk.