Court No. - 51
Case :- APPLICATION U/S 482 No. - 10865 of 2017 Applicant :- Prabha Bhatnagar And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Gyanendra Prakash Srivast Counsel for Opposite Party :- G.A.,Varun Kumar Srivastava
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant, Sri Rishu Srivastava, Advocate holding brief learned counsel for opposite party no.2 and learned AGA for the State.
This application has been filed with the prayer to quash the entire proceedings of Case Crime No. 603 of 2011, under Section 406, 420, 467, 468, 471, 506 IPC, P.S. Govind Nagar,District Kanpur Nagar.
On 12.04.2017 an interim order was passed with the following effect:-
"Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Varun Kumar Srivastava, learned counsel who has put in appearance on behalf of the opposite party no.2 by filing his power today is taken on record.
The present application under Section 482 Cr.P.C. has been filed for quashing the proceedings arising out of Case Crime No. 683 of 2011 under Sections 406, 420, 467, 468, 471, 506 I.P.C., Police Station Govind Nagar, District Kanpur Nagar pending before learned Additional Chief Metropolitan Magistrate, IIIrd, District Kanpur as well as to quash the charge sheet dated 16.06.2013 pursuant to the compromise entered into between the parties.
It is contended by learned counsel for the applicants that the private dispute between the applicants and the opposite party no.2 has been amicably settled between the parties, copy of which compromise is annexed as Annexure-11 to the affidavit accompanying the 482 Cr.P.C. application. It is thus contended that no useful purpose would be served in proceeding with the matter.
Learned counsel for the opposite party no.2 has stated that the private dispute between the parties has been settled and that the opposite party no.2 does not want to proceed with the matter.
Let a compromise be filed by the applicants before the concerned Court to verify the same after issuing notice to the parties which exercise shall be done within a period of three months from the date of production of a certified copy of the order before it, under intimation of this Court.
List thereafter.
Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.
Learned counsel for the applicants undertakes to serve a certified copy of the order passed by this Court before the concerned Court below within a period of one month from today. "
The Court has been informed that parties have entered into a compromise, certified copy of settlement deed has been produced before the Court and the same has been perused by the Court.
The Court has been informed that compromise affidavit has been duly filed before the court concerned in compliance of the order dated 12.04.2017, however till date no order has been passed and the parties are suffering unnecessarily.
In view of the facts and circumstances, keeping in view certified copy of the settlement deed and in view of the statement made at the bar before this Court, no purpose would be served to keeping the matter pending before this Court.
Thus, on the joint request of the learned counsel for the parties that the present application may be allowed in terms of the compromise and in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in (2012) 10 SCC, 303; Gian Singh Vs. State of Punjab and 2014 AIR SCW 2065; Narinder Singh and others Vs. State of Punjab and Another, the proceedings of the aforesaid case is hereby set aside.
The present application is allowed as prayed.
Order Date :- 25.9.2019 Ujjawal