Court No. - 49
Case :- APPLICATION U/S 482 No. - 6407 of 2018
Applicant :- Pappu And Another
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Mithilesh Kumar Shukla,Avanish Kumar Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Sri Rajendra Kumar Srivastava, Advocate has filed a compromise counter affidavit on behalf of the opposite party no.2 today, which is taken on record.
Heard learned counsel for the applicants, learned counsel for the opposite party no. 2 and learned AGA for the State.
This application under Section 482 Cr.P.C. has been filed to quash the entire proceeding of Criminal Case No. 3182 of 2009 arising out of Case Crime No. 751 of 2009, under Sections 467, 468, 471 I.P.C., Police Station- Etmaddaula, District- Agra.
Learned counsel for the applicants submits that the dispute between the parties is purely civil in nature and the parties have entered into a compromise and and have settled their dispute amicably in writing, which has also been verified by the court below on 18.03.2016.
Sri Rajendra Kumar Srivastava, learned counsel appearing for the opposite party no.2 does not dispute the correctness of the explanation furnished by learned counsel for the applicants and the correctness of the documents with the present counter affidavit disclosing that the compromise entered into between the parties has been duly verified before the court. He submits that opposite party no. 2 has no objection, if the proceedings of 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 Narindra Singh vs. State of Punjab reported in (2014) 6 SCC 466 and Yogendra Yadav vs. State of Jharkhand reported in (2014) 9 SCC 653 and has submitted that the applicants and opposite party no.2 have compromised the dispute and as such opposite party no.2 does not want 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 dispute 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 Narindra Singh vs. State of Punjab (supra) and Yogendra Yadav vs. State of Jharkhand (supra) the entire proceedings of the aforesaid case is hereby quashed.
The present 482 Cr.P.C. application stands allowed. Order Date :- 26.2.2018 Lbm/-