Court No. - 64
Case :- APPLICATION U/S 482 No. - 21697 of 2019 Applicant :- Rajendra Gupta Opposite Party :- The State Of Up And Another Counsel for Applicant :- Balbeer Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard Sri Balber Singh, learned counsel for the applicant, Sri Manish Jaiswal, Advocate holding brief of Sri Amit Kumar Singh, learned counsel for the opposite party No.2 and the learned A.G.A. for the State-respondent.
By way of the instant application, the applicant has sought quashment of the proceeding in Complaint Case No.74 of 2013, Sumit Sharma Vs. Rajendra Gupta, under Section 318 Negotiable Instruments Act, Police Station Banna Devi, District Aligarh, pending in the court of the Additional Chief Judicial Magistrate, Court No.6, Aligarh.
It is contended by the learned counsel for the applicant that a joint affidavit sworn by opposite party no.2 - Sumit Sharma and the applicant Rajendra Gupta has been brought on record wherein they have asserted that the dispute between the parties has been compromised and nothing remains to be adjudicated upon between the parties. It is thus, argued that the continuance of the criminal proceedings against the applicants is bad in law. Learned counsel for the applicant has placed reliance in the matter reported as (2014) 6 SCC 466 in the matter of Narinder Singh and others Vs. State of Punjab and another in support of his contention.
It has been further added that if proceeding of the aforesaid case is allowed to go on then that will not result in conviction and possibility of conviction is bleak. Therefore, proceedings in the aforesaid case initiated by opposite party no.2 against the applicant is liable to be quashed in terms of the compromise between the parties.
Learned counsel for opposite party no.2 and learned A.G.A. have no objection, if this application is allowed and the proceedings are quashed.
In view of the fact that the applicant 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 above, the proceeding in Complaint Case No.74 of 2013, Sumit Sharma Vs. Rajendra Gupta, under Section 318 Negotiable Instruments Act, Police Station Banna Devi, District Aligarh, pending in the court of the Additional Chief Judicial Magistrate, Court No.6, Aligarh, is hereby set aside.
Accordingly, the present application is allowed.
Let a copy of this order be sent to the court below for necessary information and follow up action.
Order Date :- 30.5.2019 rkg