Court No. - 55
Case :- APPLICATION U/S 482 No. - 45781 of 2018 Applicant :- Nawal Kishor And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Gagan Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Sri Pramod Kumar Singh has filed his vakalatnama on behalf of opposite party no. 2 today in Court, which is taken on record.
Heard learned counsel for the applicants, learned AGA for the State and Sri Pramod Kumar Singh, learned counsel for opposite party no. 2.
The present application under section 482 Cr.P.C. has been filed for quashing the entire proceedings along with order dated 31.8.2018 in Complaint Case No.04 of 2018 (Smt. Rani Vs. Nawal Kishor and others), under Sections 498A, 323 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District Agra pending in the Court of A.C.J.M., Court No. 5, Agra.
Learned counsel for the applicants submits that the parties have entered into compromise and in support thereof, compromise deed dated 3.10.2018 has been annexed as Annexure No. 6 to the application. Learned counsel for the applicants states that the matter has been compromised and the opposite party no. 2 does not want to pursue the matter any further as the matter has been amicably settled between the parties, therefore, the present case may be finally decided.
Sri Pramod Kumar Singh, learned counsel for opposite party no. 2 has not disputed the said fact and submitted that the disputes have been amicably settled between the parties, therefore on the basis of compromise the Hon'ble Court may kindly be quash the entire proceeding of the aforesaid case.
In view of above, the applicants and opposite party 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. State 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 :- 18.12.2018 Arvind