Court No. - 64
Case :- APPLICATION U/S 482 No. - 6508 of 2019 Applicant :- Raju @ Raj Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Raj Pandey Counsel for Opposite Party :- G.A.,Anurag Kumar Pandey
Hon'ble Arvind Kumar Mishra-I,J.
Supplementary affidavit filed on behalf of the applicant is taken on record.
Heard Sri Ram Raj Pandey, learned counsel for the applicant, Sri Anurag Pandey, 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 entire proceeding in Case No.624 of 2016 State Vs. Sonu @ Sohan Pal and another arising out of Case Crime No.149 of 2006, under Sections 452, 354, 506 I.P.C., Police Station Singhawali Aheer, District Baghpat, pending in the court of the Judicial Magistrate, Baghpat.
It is contended by the learned counsel for the applicant that in this case, the verification report of the compromise deed has been placed on record by way of filing supplementary affidavit dated 10.03.2019, the certified copy of the verification of the compromise deed appears on page no.5 of the supplementary affidavit. It is thus, argued that the continuance of the criminal proceedings against the applicant 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, entire proceeding in Case No.624 of 2016 State Vs. Sonu @ Sohan Pal and another arising out of Case Crime No.149 of 2006, under Sections 452, 354, 506 I.P.C., Police Station Singhawali Aheer, District Baghpat, pending in the court of the Judicial Magistrate, Baghpat, 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 :- 29.5.2019 rkg