Court No. - 60
Case :- APPLICATION U/S 482 No. - 25181 of 2016 Applicant :- Ramesh Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Maohammd Nadeem Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard Mohammad Nadeem, learned counsel for the applicant, learned AGA for the State and Sri Qamrul Hasan, learned counsel for opposite party no. 2.
The present application under section 482 Cr.P.C. has been filed for quashing the entire proceedings along with charge sheet dated 24.12.2011 passed in Case No. 313 of 2012 (State Vs. Ramesh Singh) arising out of Case Crime No.761 of 2011, under Sections 323, 504, 506 IPC and 3(1)X SC/ST Act, Police Station Gursahaiganj, District Kannauj pending in the Court of C.J.M., Kannauj.
Learned counsel for the applicant has filed supplementary affidavit and submitted that both the parties have entered into compromise and the said compromise has also been verified by C.J.M., Kannauj on 23.9.2016. Copy of the said compromise has been annexed as Annexure-SA-2 to the supplementary affidavit.
Learned counsel for the applicant 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 Qamrul Hasan, 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.
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 Burea 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. 313 of 2012 (State Vs. Ramesh Singh) arising out of Case Crime No.761 of 2011, under Sections 323, 504, 506 IPC and 3(1)X SC/ST Act, Police Station Gursahaiganj, District Kannauj is hereby quashed.
The present application is, accordingly, allowed. Order Date :- 31.10.2018 Arvind