Court No. - 49
Case :- APPLICATION U/S 482 No. - 19473 of 2018 Applicant :- Narvdeshwar Prasad Tiwari And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Sheetala Prasad Pandey,Mohan Lal Pandey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State and Sri Mohan Lal Pandey, learned counsel for the opposite party no.2.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 4.9.2015 and cognizance order dated 17.9.2015 as well as the entire proceedings of Case No. 3915 of 2015, arising out of Case Crime No. 431 of 2014, under Sections- 406, 420, 506 I.P.C., Police Station- Sihani Gate, District- Ghaziabad, pending in the court of A.C.J.M. 3, Ghaziabad.
Learned counsel for the applicant submits that the aforesaid FIR has been lodged arising out of certain misunderstanding and misgivings between the parties. The FIR had been lodged against the applicants with respect to certain commercial transaction between them. Though, upon investigation, the police had also submitted a charge sheet, with passage of time the parties have been able to resolve their misunderstanding and differences and at present the opposite party no.2 does not wish to press charges against the applicants.
A Joint affidavit of the applicant no.1 and opposite party no.2 has been filed in support of the present application.
In this regard, a joint affidavit has been filed, wherein paragraphs 9 and 10 reads as under:-
"9. That both the parties applicants as well as the O.P. No.2 have entered into the compromise and there wish is that the further proceeding of the case be quashed.
10. That under the facts and circumstances and stated here it is expedient in the interest of justice that this Hon'ble Court may kindly be pleased to quash the impugned charge sheet dated 4.9.2015 and cognizance order dated 17.9.2015 as well as th further proceeding of aforesaid case in Case No. 3915 of 2015, arising out of in Case Crime 431 of 2014, under Sections 406, 420, 506 IPC, Police Station Sihani Gate, District Ghaizabad. It is further prayer that this Hon'ble Court may graciously be pleased to stay the effect and operation of the impugned charge sheet dated 4.9.2015 and cognizance order dated 17.9.2015 as well as the further proceeding of the case in Case No. 3915 of 2015 arising out of in Case Crime No. 431 of 2014, under Section 406, 420, 506 IPC, Police Station Sihani Gate, District Ghaziabad. Pending before ACJM-3, Ghaziabad, during the pendency of the aforesaid application, And/or to pass such other further order or direction which this Hon'ble court may deem fit and proper in the circumstances of the case."
Learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashed.
Learned counsel for the applicants in support of his contention has placed reliance on the judgments of Apex Court in the case of Narinder Singh vs. State of Punjab reported in (2014) 6 SCC 466, Yogendra Yadav vs. State of Jharkhand reported in (2014) 9 SCC 653 and Parbatbhai Aahir Vs. State of Gujarat reported in (2017) 9 SCC 641 and has submitted that the applicants and opposite party no.2 have settled through compromise their private and civil dispute and as such opposite party no.2 does not wish 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 perusal of the record, it is apparent that parties have entered into compromise and have settled their civil and private disputes, 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. 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 Apex Court in the case of Narinder Singh vs. State of Punjab (supra), Yogendra Yadav vs. State of Jharkhand (supra) and Parbatbhai Aahir Vs. State of Gujarat (supra) the entire proceedings of the aforesaid case is hereby quashed.
The present 482 Cr.P.C. application stands allowed, subject to payment of cost Rs. 2,000/- (1,000 on each party) to be deposited before the Legal Services Committee, High Court Allahabad, within a period of three weeks from today.
Order Date :- 29.5.2018 Mini