Court No. - 52
Case :- APPLICATION U/S 482 No. - 6196 of 2018 Applicant :- Narendra And 8 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shiv Bahadur Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Shiv Bahadur Yadav, learned counsel for the applicants and Sri Keshav Yadav, learned counsel 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 pursuance of charge sheet dated 20.11.2013 as well as cognizance order dated 25.3.2014 in Criminal Case No.3738 of 2014 (State Vs. Narendra and others), arising out of Case Crime No.470-A of 2013, under Sections 147, 149, 323, 504, 506, 336 I.P.C. and 7 of Criminal Law Amendment Act,2013 P.S. Kotwali, District Jhansi, pending in the court of Chief Judicial Magistrate,Jhansi .
Learned counsel for the parties have stated that applicants and opposite party no.2 are immediate neighbours and now in order to make harmonious relations, both the parties have amicably settled their dispute and have entered into a compromise so as to lead a peaceful life in future. In this behalf, specific averments have been made in para 3 of the supplementary affidavit filed by opposite party no.2 that he does not want to contest present case and has no grievances against the applicants. He has no objection, if proceedings impugned this application are quashed. Therefore, in terms of the compromise deed, the parties have agreed to withdraw their cases against each other including the present case so that they may live amicably and peacefully.
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 :- 26.2.2018 MN/-