Court No. - 73
Case :- APPLICATION U/S 482 No. - 3681 of 2019 Applicant :- Rafiq Khan And 4 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Maohammd Nadeem,Dur Vijay Singh Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Sri Qamrul Hasan has filed his vakalatnama on behalf of opposite party no. 2 and joint compromise affidavit, be taken on record.
Heard Sri Maohammd Nadeem, learned counsel for the applicants, learned AGA for the State and Sri Qamrul Hasan, learned counsel for opposite party no. 2.
The present application under section 482 Cr.P.C. has been filed for quashing the entire proceedings along with charge sheet dated 13.8.2018 in Case No.2371 of 2018, arising out of Case Crime No.464 of 2018, under Sections 147, 148, 149, 452, 323, 504, 506, 354Kha IPC, Police Station Kotwali Kannauj, District Kannauj pending in the Court of J.M., Kannauj.
Learned counsel for the applicants submitted that compromise has been entered into between the applicants and the opposite party no. 2. A joint affidavit regarding compromise has been filed before court below having the affidavit of opposite party no. 2 and applicant no. 1 and in paragraphs 2 to 4 in the joint affidavit, it is stated that the matters have been amicably settled out of court between the parties and opposite party no. 2 has also given an affidavit before the court below for quashing of the criminal proceeding, copy of the compromise deed dated 11.12.2018 has also been annexed as Annexure-3 to the application.
Learned counsel for the applicants on the basis of joint compromise affidavit states that the matter has been compromised and the opposite party no. 2 does not want to pursue the matter any further as the matter has been amicably settled between the parties, therefore, the present case may be finally decided.
Sri Qamrul Hasan, learned counsel for opposite party no. 2 has not disputed the said fact and submitted that the disputes have been amicably settled between the parties, therefore on the basis of compromise the Hon'ble Court may kindly be quash the entire proceeding of the aforesaid case.
In view of above, the applicants and opposite party no. 2 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. State 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 :- 29.1.2019 Arvind