Court No. - 12
Case :- APPLICATION U/S 482 No. - 18081 of 2009 Applicant :- Rajan Sharma & Others Opposite Party :- State Of U.P. & Another Counsel for Applicant :- S.N. Singh,D.V. Singh Counsel for Opposite Party :- Govt. Advocate
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicants, learned AGA for the State and Sri Manoj Kumar Maurya, learned counsel for opposite party no. 2.
The present application under section 482 Cr.P.C. has been filed for quashing the entire criminal proceedings of case no. 1282 of 2009, arising out of case crim no. 2250 of 2008 under section 498A, 323, 504, 506, IPC and 3/4 D.P. Act, police station Kotwali, District Deoria.
Learned counsel for the applicants submitted that compromise has been entered into between the applicants and the respondent no. 2. A joint affidavit sworned by applicant no. 1 and opposite party no. 2 dated 9.10.2018 and also having signature of counsel for both the sides has been filed before this Court. Learned counsel for the applicants states that the matter has been compromised and the respondent no. 2 do not want to pursue the matter any further as the matter has been amicably settled between the parties, therefore, the present case is finally decided.
Sri Manoj Kumar Maurya, learned counsel for opposite party no. 2 has accepted the filing of compromise affidavit and supported the case of the applicants. He further submitted that in case this Court is pleased to quash the criminal proceeding pending against the applicants, he has no obejction.
In view of above, the applicants and respondents 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), the proceedings of the aforesaid case is hereby quashed.
The present application accordingly allowed. Order Date :- 30.11.2018 Sartaj