Court No. - 64
Case :- APPLICATION U/S 482 No. - 20642 of 2019 Applicant :- Monu @ Chandra Prakash And 02 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Mahendra Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Short counter affidavit filed on behalf of the opposite party no.2 is taken on record.
Sri, Pradeep Kumar Tiwari, Advocate has filed his Vakalatnama on behalf of opposite party no.2 Heard learned counsel for the applicants, Sri Pradeep Kumar Tiwari, learned counsel for the opposite party no.2 and learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed to quash the summoning order dated 14.11.2018 passed by Additional Chief Judicial Magistrate, Court No.4, Agra as well as entire criminal proceedings of Complaint Case No. 6903572 of 2018 (Ayushi vs. Monu @ Chandra Prakash & others), under Section 498A I.P.C. and 3/4 D.P. Act, P.S. Shahganj, District Agra, pending in the court of Additional Chief judicial Magistrate, Court No.4, Agra in terms of compromise done between the applicants and O.P. No.2.
It is contended by the learned counsel for the applicants that the dispute between the parties has been compromised, a certified copy of compromise application dated 05.12.2018 has been annexed as Annexure- S.C.A.1 to the short counter affidavit accompanying this 482 Cr.P.C. application.
The attention of this court was brought on the record which reflects the fact that both the parties have entered into compromise. A compromise has been entered into between the parties and the compromise has been verified by the court below on 05.12.2018 in which O.P. No. 2 has averred that she does not wish to prosecute the applicants as such no useful purpose would be served by keeping the application pending before this court.
Considering the facts and circumstances of the case and submissions made by the learned counsel for the applicants and submissions made by the learned counsel for O.P. No. 2, it appears that the parties have settled their dispute and O.P. No. 2 does not want to prosecute the applicants, in such a circumstances there is no likelihood of conviction of the applicants, in case they are tried by the trial court, the trial of the applicants shall be a futile exercise, it shall not serve any purpose and there would be no chance of conviction. In such circumstances the Supreme Court's decision in the case of B.S. Joshi and another Versus State of Hariyana and another (2003) (4) S.C.C. 675.
The view taken by the Hon'ble Supreme Court in the above mentioned case, is applicable in this case also. Therefore, to meet the ends of justice the proceedings of summoning order dated 14.11.2018 passed by Additional Chief Judicial Magistrate, Court No.4, Agra as well as entire criminal proceedings of Complaint Case No. 6903572 of 2018 (Ayushi vs. Monu @ Chandra Prakash & others), under Section 498A I.P.C. and 3/4 D.P. Act, P.S. Shahganj, District Agra, pending in the court of Additional Chief judicial Magistrate, Court No.4, Agra are hereby quashed.
Accordingly this application is allowed. Order Date :- 30.5.2019 S Rawat