Court No. - 52
Case :- APPLICATION U/S 482 No. - 27843 of 2017 Applicant :- Smt. Neelam @ Nisha And Anr.
Opposite Party :- State Of U.P. And Anr.
Counsel for Applicant :- Shiv Dayal Tiwari Counsel for Opposite Party :- G.A.,Kripa Shanker Pandey
Hon'ble Rajul Bhargava,J.
Heard Sri Shiv Dayal Tiwari, learned counsel for the applicants and Sri ,Kripa Shanker Pandey, 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 Special Session Trial No.62 of 2017 (State Vs. Manish), arising out of Case Crime No.303 of 2017, under Sections 363, 366, 376 I.P.C.and 3/4 of Protection of Children from Sexual Offences Act, P.S. Paikoliya, District Basti, pending in the court of Additional District and Sessions Judge, Court No.1, Basti.
Learned counsel for the parties have stated that opposite party no.2 is the complainant of the case and both the parties have finally settled their dispute by way of compromise out of the court. In this behalf, they have filed a joint affidavit which is on record. Pursuant to the said compromise, the both the parties are living peacefully and they do not want to litigate further against each other.Therefore, in terms of the compromise deed, the parties have agreed to withdraw the present case so that they may live amicably and peacefully.
Learned counsel for the opposite party no.2 has submitted that his client has no objection, if the proceedings impugned in the present application are quashed in exercise of inherent power under Section 482 Cr.P.C.
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 :- 27.3.2018 MN/-