Court No. - 68
Case :- APPLICATION U/S 482 No. - 21680 of 2019 Applicant :- Rakesh Ahirwar Opposite Party :- State Of Up And Another Counsel for Applicant :- Arun Kumar Singh Counsel for Opposite Party :- G.A.,Keshari Nandan Singh
Hon'ble Umesh Chandra Tripathi,J.
Counter affidavit filed today on behalf of the opposite party No. 2 is taken on record.
Heard learned counsel for the parties.
The present application u/s 482 Cr.P.C., has been filed with the prayer to quash the entire proceeding of Case No. 9103 of 2014 (Smt. Urmila Vs. Rakesh Ahirwar) under Sections 354, 452, 504 IPC, Police Station Shipari Bazar, District Jhansi pending in the court of Additional Chief Judicial Magistrate-I, Jhansi.
Learned counsel for the opposite party No. 2 (Smt. Urmila) has filed counter affidavit of opposite party No. 2 (Smt. Urmila) with assertion that the matter has been amicably settled between the parties.
Learned counsel for both the parties contended that the applicant and opposite party No. 2 (Smt. Urmila) are neighbours. Due to some dispute, opposite party No. 2 (Smt. Urmila) has filed the complaint.
Hon'ble Apex Court in Parbatbhai Aahir @ Parbathbai Bhimsinghbhai Karmur and ors Vs. State of Gujarat and anr reported in (2017) 9 SCC 641 has held as follows:-
"16.9. In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice;"
In this case, matter has been settled between the parties, therefore, conviction of the applicant is least possible.
Accordingly application under Section 482 Cr.P.C., is allowed and the entire proceedings of Case No. 9103 of 2014 (Smt. Urmila Vs. Rakesh Ahirwar) under Sections 354, 452, 504 IPC, Police Station Shipari Bazar, District Jhansi pending in the court of Additional Chief Judicial Magistrate-I, Jhansi is hereby quashed.
Order Date :- 30.5.2019 Jaswant