Court No. - 27
Case :- APPLICATION U/S 482 No. - 43215 of 2018 Applicant :- Prakash And 3 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohd. Samiuzzaman Khan Counsel for Opposite Party :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J.
It is agreed by the complainant and the injured that they have settled their dispute.
Learned counsel for the petitioner has relied on the judgment of the Apex Court in Gyan Singh Vs. State of Punjab and others, 2012 LawSuit (SC) 623, and also the judgment of B.S. Joshi Vs. State of Haryana, 2003 LawSuit (SC) 338.
Though the offence, which is alleged under Section 308 IPC, the ingredients are not made out and even if there is full proof trial, it may not end into conviction of the accused under Section 308 IPC.
In that view of the matter, the proceedings even if are continued would either into acquittal as the witnesses may not support the prosecution version.
In that view of the matter when the victim himself has conveyed this Court that he does not wish to proceed further looking to the relations between the parties, this Court quashes all proceedings. The committal has taken place but immediately after the charge is framed, they have come to this Court and, therefore, no purpose would be served if they are directed to go to the trial.
In that view of the matter, proceedings are quashed. The application is allowed.
Formal order be passed by the court below for defiling the file from his roster.
This Court is thankful to Mohd. Samiuzzaman Khan and Mohd. Yaseen for the private respondent to get the matter disposed of.
Order Date :- 18.12.2018 Irshad