1. Both these applications filed under Section 482 of the Code of Criminal Procedure, 1973 (for short "the Code") are taken up for final disposal in view of submissions made by learned advocates appearing for the applicants that in both these FIR registered against the accused for the offences punishable under Sections 323, 324, 504, 506(2), 403 and 114 of Indian Penal Code, the parties have arrived at an amicable settlement and have decided not to persuade their complaints and, therefore, affidavits are filed in each of the case by the complainant that the complainant in each of the case has no objection if the complaints impugned is quashed and set aside.
2. Learned advocates for the applicants have relied on judgment of the Apex Court in the case of Shiji @ Pappu & Ors. v. Radhjika and Anr. [2011(12) Scale 588] and submitted that in exercise of powers under Section 482 of the Code bar contained in Section 320 of the Code will not be applicable if facts disclose that subjecting the parties to the trial would be of no use and it would amount undue hardship and burdening the Court proceedings.
3. In the above decision in paras 10, 11 and 12 the Apex has taken into consideration earlier decisions of the Apex Court in the case of B.S. Joshi & Ors. v. State of Haryana [(2003) 4 SCC 675], Nikhil Merchant v. CBI [(2008) 9 SCC 677] and Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] and reiterated that if the case and the nature of offences are within the parameters of law laid down by the Apex Court in the above cases, a case is made out to secure end of justice and powers under Section 482 of the Code can be exercised.
4. In the above backdrop of case law if seen, allegations in the complaints impugned in these applications arise out of a dispute between two neighbours of same village out of spur of moment and no serious injuries noticed and even medical treatment was also not taken by the parties and considering overall facts and circumstances when the parties have arrived at amicable settlement keeping in mind the provisions of Section 482 of the Code as well as the law laid down in the above cases, the impugned complaints in each of the application is ordered to be quashed and set aside.
5. The applications are allowed to the aforesaid extent with no order as to costs.
6. Direct service is permitted.
[ANANT S. DAVE, J.] //smita// Top