Court No. - 52
Case :- APPLICATION U/S 482 No. - 30499 of 2017 Applicant :- Raja Ram Dubey And 16 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ali Hasan,Istiyaq Ali Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ali Hasan, learned counsel for the applicants and Sri Manish Kumar Singh, learned counsel for the opposite party no.2, learned A.G.A. for the State-opposite party no.1 and perused the material placed on record.
This application under Section 482 Cr.P.C. has been filed for quashing criminal proceeding in Criminal Case No.701 of 2017 (State Vs. Raja Ram Dubey and others), arising out of Case Crime No.659 of 2016, under Sections 147, 352, 504 and 427 I.P.C., P.S. Meerganj, District Jaunpur, pending in the court of Judicial Magistrate-II, Jaunpur.
Learned counsel for both the parties have stated that there was dispute over immovable property. However, now better sense prevailed between the parties and they have settled their differences and have arrived at a compromise. In the joint affidavit filed by the parties, it specifically averred in para-6 that there was some dispute between the parties regarding immovable property and now dispute of land has been settled and opposite party no.2 has agreed not to contest criminal case and the proceeding against the applicants may be quashed.
Learned counsel for the opposite party no.2 has submitted that his client has no objection, if the proceedings impugned in the present application are quashed in exercise of inherent power under Section 482 Cr.P.C.
I have heard learned counsel for the parties and perused the averment made in the complaint which transpires that applicants and opposite party no.2 have settled their dispute amicably.
In view of law laid by Hon'ble Apex Court in the case of Gian Singh vs State Of Punjab and another in Special Leave Petition (Crl) No.8989 of 2010 decided on 24 September, 2012, the aforesaid proceeding is hereby quashed.
Criminal Misc. Application under Section 482 Cr.P.C., accordingly stands allowed.
A copy of this order be certified to the lower court forthwith.
Order Date :- 30.3.2018 MN/-