Court No. - 70
Case :- APPLICATION U/S 482 No. - 2663 of 2017 Applicant :- Ram Bilas And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anand Pal Singh,Harish Chandra Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard Sri H.C. Singh, learned counsel for the applicants, Sri Om Prakash, learned counsel for the opposite party no. 2 and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of leaned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the charge-sheet dated 2.6.2007 and proceedings of criminal case no. 1683 of 2007 (S.T. No.102 of 2009) (State Vs. Ram Bilash and other), under Sections 323, 504, 506 and 352 IPC, Police Station Kuber Sthan, District -Kushinagar pending in the court of Additional Sessions Judge (F.T.C.1) Kushinagar at Padrauna.
By order dated 2.2.2017, the compromise application dated 24.11.2016 appended as Annexure no.5 with the affidavit filed in support of application was sent to the trial court for verification within five weeks. Above order dated 2.2.2017 is reproduced herein-below:-
"Learned counsel for the applicant states that both the parties have settled their dispute amicably and they have recorded their statements as reflected in the compromise filed before this Court.
Let the original compromise to the trial court for verification within five weeks.
Thereafter the court below shall send its report along with original compromise.
List thereafter before the appropriate Bench.
This case shall not be treated as tied up or part heard to this Bench."
In compliance of aforesaid order dated 2.2.2017 of this Court, the Additional District and Sessions Judge/F.T.C.-I, Kushinagar at Padrauna has submitted report dated 7.3.2017 to this Court through C.J.M. concerned verifying the said compromise/settlement made between the parties in accordance with law. It is submitted by learned counsel for the applicant that since the compromise/settlement made between the parties by means of compromise application dated 24.11.2016 has been verified by the Additional District and Sessions Judge/F.T.C.-I, Kushinagar at Padrauna in accordance with law, therefore, the impugned proceedings against the applicants is liable to be quashed.
Learned counsel for the opposite party no.2 stated at the Bar that he does not dispute the aforesaid facts and submitted that in case the impugned proceedings against the applicants is quashed, he has no objection in any manner.
Learned AGA has also submitted that since the compromise application dated 24.11.2016 has been verified by the trial court and verification report has been sent by the trial court through CJM concerned before this Court, therefore, he has also no objection in quashing the proceedings against the applicants.
Considering the aforesaid submissions of the learned counsel for the parties, I feel that the interest of justice would be met if the parties are permitted to make settlement/compromise in the light of decision of Apex Court in case of Gian Singh Vs. State of Punjab and another 2012 (10) SCC 303 and Narendra Singh and another Vs. State of Punjab and other reported in 2014 (4) JT 573 as the matter is purely of personal nature and no purpose would be served in proceeding with the matter further.
Accordingly, the impugned charge-sheet dated 2.6.2007 and proceedings of criminal case no. 1683 of 2007 (S.T. No.102 of 2009) (State Vs. Ram Bilash and other), under Sections 323, 504, 506 and 352 IPC, Police Station Kuber Sthan, District -Kushinagar pending in the court of Additional Sessions Judge (F.T.C.1) Kushinagar at Padrauna are hereby quashed.
The present application is hereby allowed in terms of settlement/compromise as mentioned above.
Order Date :- 22.2.2019 AK Pandey