Court No. - 73
Case :- APPLICATION U/S 482 No. - 7634 of 2019 Applicant :- Prashant Rana And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Aishwarya Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Short counter affidavit filed today by Sri Avneesh Tripathi, learned counsel for opposite party no. 3 be taken on record.
Heard learned counsel for the applicants, learned AGA for the State and Sri Avneesh Tripathi, learned counsel for opposite party no. 3.
The present application under section 482 Cr.P.C. has been filed for quashing the charge sheet dated 31.07.2018 as well as entire proceedings of S.S.T. No. 113 of 2018 (State of U.P. vs. Prashant Rana and others), arising out of case crime no. 0086 of 2018, under section 147, 323, 325 I.P.C & 3(5)(va) S.C./S.T. Act, Police Station- Gandhi Park, District-Aligarh pending before the Court of Additional Sessions Judge, Court No. 2, District- Aligarh.
Learned counsel for the applicants submitted that applicants and opposite party no. 3 are students and under some misunderstanding between the parties, an F.I.R. has been lodged and ultimately now the parties have entered into compromise and no dispute is remain between the parties as on date. It is next submitted that even in the present matter, a short counter affidavit has also been filed by opposite party no. 3 , in which the facts of compromise has been accepted by him. It is lastly submitted that in light of compromise as well as short counter affidavit filed by opposite party no. 3, present proceeding may be quashed.
Sri Avneesh Tripathi, learned counsel for opposite party no. 3 has supported the case of the applicants by filing shot counter affidavit. He further submitted that in case this Court is pleased to quash the criminal proceeding pending against the applicants, he has no objection.
In view of above, the applicants and respondents no. 3 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. Stated 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 :- 28.2.2019 Sartaj