Court No. - 73
Case :- APPLICATION U/S 482 No. - 22053 of 2014 Applicant :- Natthu Lal And 3 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Karunesh Narayan Tripathi,B.K. Yadav,Krishna Mohan Tripathi,B.K.Yadav Counsel for Opposite Party :- Govt. Advocate
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants, learned AGA for the State and Sri B.K. Yadav, learned counsel for opposite party no. 2.
The present application under section 482 Cr.P.C. has been filed for quashing the proceedings of Case No. 743 of 2013 (State Vs. Natthu Lal and others) arising out of Case Crime No. 63 of 2013, under sections 324, 323, 504, 506 IPC, P.S.- Prem Nagar, District- Bareilly, pending in the Court of Additional Chief Judicial Magistrate-VI, Bareilly.
Learned counsel for the applicants submitted that present criminal proceedings is arising out of matrimonial dispute. It is further submitted that now the parties have entered into compromise and no dispute remains between the parties as on date. Lastly, it is submitted that in light of compromise, present proceeding may be quashed.
Sri B.K. Yadav, learned counsel for opposite party no. 2 has supported the case of the applicants on the basis of joint affidavit filed by applicant no. 1 and opposite party no. 2. In paragraph nos. 5, 6, 7 and 8 of the joint affidavit, it has been clearly mentioned that the parties have entered into compromise. He further submitted that in case this Court is pleased to quash the criminal proceeding pending against the applicants, he has no objection.
In view of above, the applicants and respondents 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 Burea of Investigation and another), as well as judgment of the Apex Court reported in (2012) 10 SCC 303 (Gian Singh Vs. Stated of Punjab) and reported in (2014) Supreme Today 642 (Narinder Singh & others Vs. State of Punjab and another), the proceedings of the aforesaid case is hereby quashed.
The present application is, accordingly allowed. Order Date :- 31.1.2019 Sartaj