Court No. - 64
Case :- APPLICATION U/S 482 No. - 7807 of 2019 Applicant :- Rajendra Sharma And 3 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ronak Chaturvedi,Rohit Shukla Counsel for Opposite Party :- G.A.,Piyush Kumar Shukla
Hon'ble Arvind Kumar Mishra-I,J.
Supplementary affidavit filed is taken on record.
Heard learned counsel for the applicants, Sri Vinay Kumar Pandey, Advocate holding brief of Sri Piyush Kumar Shukla, learned counsel for the opposite party No.2 and the learned A.G.A. for the State-respondent.
This application under Section 482 Cr.P.C. has been filed with a prayer to allow this application and direct the learned Additional Session Judge, Court No.1, Mathura to decide the criminal appeal no. 7 of 2016 "Rajendra Sharma and 3 Others vs. State of U.P. and another" in terms of the compromise between the parties.
Learned counsel for the applicants submits that in this case a worthy compromise has been reached between the parties and the supplementary affidavit has been filed sworn by applicant no.3- Naveen Sharma also indicates that a compromise deed has been submitted before the lower court, which has been physically verified and verification report is dated 20.4.2019, copy whereof has been placed on record as SA-1 to the supplementary affidavit filed in support of this application. It is thus, argued that the continuance of the criminal proceedings against the applicants is bad in law. Learned counsel for the applicants 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 applicants 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 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 above, entire proceeding of the aforesaid case is hereby quashed.
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 :- 30.4.2019 S Rawat