Court No. - 66
Case :- APPLICATION U/S 482 No. - 20576 of 2013 Applicant :- Naresh Chandra And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nitin Kumar Singh Counsel for Opposite Party :- Govt. Advocate,Arun Kumar Misra,D.S Yadav
Hon'ble Rajul Bhargava,J.
Counter and rejoinder affidavits have been exchanged between the parties.
Heard Sri Nitin Kumar Singh, learned counsel for the applicants and Sri Arun Kumar Misra and Sri D.S Yadav, learned counsels for the opposite party no.2, learned A.G.A. for the State-opposite party no.1 and perused the material placed on record.
This application under Section 482 Cr.P.C. has been filed for quashing entire proceeding in Case No. 494 of 2012 (Chhedalal Dhobi Versus Naresh Chandra and others) under Sections 323, 504, 506 I.P.C., Police Station Indargarh, District Kannauj pending before the A.C.J.M., Kannauj.
Learned counsel for the parties have stated that on account of differences between the applicants and opposite party no.2, present F.I.R. has been lodged and now they have settled their differences due to intervention of respectable people of society.
Along with counter affidavit filed by learned counsel for the opposite party no.2, copy of the settlement agreement dated 29.03.2019 arrived at between the parties before Mediation and Conciliation Centre, High Court, Allahabad has been filed. Learned counsel for the opposite party no.2 states that all the conditions of settlement agreement has been fully complied with, therefore, the opposite party no.2 has no objection, if the proceedings which is purely private in nature is quashed.
I have heard learned counsel for the parties and perused the averment made in the complaint which transpires that applicants and opposite party no.2 have settled their dispute amicably.
In view of law laid by Hon'ble Apex Court in the case of Gian Singh vs State Of Punjab and another in Special Leave Petition (Crl) No.8989 of 2010 decided on 24 September, 2012, the aforesaid proceeding is hereby quashed.
Criminal Misc. Application under Section 482 Cr.P.C., accordingly stands allowed.
A copy of this order be certified to the lower court forthwith.
Order Date :- 26.11.2019 MN/-