Court No. - 12
Case :- APPLICATION U/S 482 No. - 42385 of 2018 Applicant :- Ram Chandra And Anr Opposite Party :- State Of Up And Anr Counsel for Applicant :- Yadu Nath Singh Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Sri Abhishek Singh, Advocate has filed Vakalatnama alongwith counter affidavit on behalf of opposite party no. 2, which is taken on record.
Heard Sri Yadu Nath Singh, learned counsel for the applicants, learned AGA for the State and Sri Abhishek Singh, learned counsel for opposite party no. 2.
The present application under section 482 Cr.P.C. has been filed for quashing the impugned charge sheet dated 12.07.1999 in Case No. 71 of 2006 (State Vs. Jai Prakash and others) arising out of Case Crime No. 46 of 1999, under Sections 147, 148, 307, 504, 506 I.P.C., Police Station Handia, District Allahabad, pending in the court of Special Chief Judicial Magistrate, Allahabad as well as Non-Bailable Warrant dated 8.12.2006 and cognizance order dated 16.05.2006.
Learned counsel for the applicants has submitted that the parties have entered into compromise and a joint affidavit has been filed by applicant no. 2 and opposite party no. 2 in support of this application. It is further submitted that it is case of no injury and in the F.I.R. it is admitted that it is no injury case. It is further submitted that it was a dispute arising out of political reason because the complainant was candidate of Chairman of Co-operative Society, Shripur, District Allahabad. The incident took place during course of nomination in the election. Apart from it, separate counter affidavit has been filed on behalf of opposite party no. 2 supporting the case of the applicants and in paragraph 5 of the counter affidavit, it is stated that the accused Devi Prasad has died on 3.3.2007. Thereafter compromise has been done between the other all accused namely Jai Prakash, Shiv Prasad, Ram Chandra, Kallu @ Suirya Narayan all sons of Satya Narayan. It is next submitted that the accused Jai Prakash moved an application before the court of Special C.J.M., Allahabad for separation of his case from the other accused on 8.12.2018, which is pending beforee the A.D.J./F.T.C.-21, Allahabad as S.T. No. 6 of 2007.
Learned counsel for the applicants states that the matter has been compromised and the respondent no. 2 does not want to pursue the matter any further as the matter has been amicably settled between the parties, therefore, the present case is finally decided.
Sri Abhishek Singh, learned counsel for opposite party no.
2 has not disputed the said fact and submitted that the disputes have been amicably settled between the parties, therefore on the basis of compromise the Hon'ble Court may kindly be quashed the entire proceeding of the aforesaid case. He further submitted that in the counter affidavit filed today, opposite party no. 2 again supported the case of applicants.
In view of above, the applicants and respondent 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 the well settled principle of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi) Vs. State of Haryana) as well as the judgement of the Apex Court reported in J.T. 2008 SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another) as well as Judgment of the Apex Court reported in (2012)10 SCC 303 (Gian Singh Vs. State of Punjab) and reported in 2014 Supreme Today 642 (Narinder Singh & others Vs. State of Punjab and another), the proceedings in Case No. 71 of 2006 (State Vs. Jai Prakash and others) arising out of Case Crime No. 46 of 1999, under Sections 147, 148, 307, 504, 506 I.P.C., Police Station Handia, District Allahabad, pending in the court of Special Chief Judicial Magistrate, Allahabad, is hereby quashed.
The present application is, accordingly, allowed.
Order Date :- 30.11.2018 Rmk.