Court No. - 55
Case :- APPLICATION U/S 482 No. - 47009 of 2018 Applicant :- Ram Khilone Pandit @ Rajendra Nath Dubey Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Salman Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Sri Avdesh Narayan Tiwari, Advocate has filed Vakalatnama along with affidavit of compromise on behalf of the opposite party no.2, which is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Avdesh Narayan Tiwari, learned counsel for the opposite party no.2.
The present application under section 482 Cr.P.C. has been filed for quashing the order dated 16.11.2018 and entire proceedings of Complaint Case No.9 of 2016, under Sections 323, 342, 504, 506, 147 and 3(1) (X) SC/ST Act, Police Station Kotwali Orai, District Jalaun, pending in the Court of Additional Sessions Judge II Jalaun.
Learned counsel for the applicant submitted that compromise has been entered into between the applicant and the respondent no. 2. He further submitted that the matter has been compromised and the opposite party no. 2 does not want to pursue the matter any further as the matter has been amicably settled between the parties, therefore, the proceeding may be quashed.
Sri Avdesh Narayan Tiwari, learned counsel for opposite party no. 2 has filed affidavit and supported the case of the applicants. He further submitted that the disputes have been amicably settled between the parties, therefore on the basis of compromise the Hon'ble Court may kindly be quash the entire proceeding of the aforesaid case.
In view of above, the applicants 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 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 of the aforesaid case is hereby quashed.
The present application is, accordingly, allowed. Order Date :- 21.12.2018 Junaid