Court No. - 38
Case :- APPLICATION U/S 482 No. - 22142 of 2019 Applicant :- Ramesh And 03 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Shiva Kant Dubey Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Joint compromise affidavit filed today by applicant no.1 and opposite party no.2 alongwith the signatures of Sri Shivakant Dubey, learned counsel appearing for applicants and Sri Raghvendra Kumar Mishra, learned counsel appearing for opposite party no.2, is taken on record.
Heard learned counsel for the applicants, learned AGA for the State and Sri Raghvendra Kumar Mishra, learned counsel for opposite party no. 2.
The present application under section 482 Cr.P.C. has been filed for quashing the proceedings of Criminal Case No.404/IX/2014, under sections 323, 506 I.P.C., Police Station- Farah, District Mathura pending in the court of A.C.J.M., Court No.2, Mathura.
Learned counsel for the applicants submitted that applicants and opposite party no.2 are family members and now the parties have entered into compromise and no dispute is remains between the parties as on date. It is next submitted that even in the present matter, a joint compromise affidavit has also been filed, in which facts of compromise has been accepted by opposite party no.2. It is next submitted that in light of compromise affidavit, present proceeding may be quashed.
Sri, Raghvendra Kumar Mishra, learned counsel for opposite party no. 2 has supported the case of the applicants. He further submitted that in case this Court is pleased to quash the criminal proceeding pending against the applicants, he has no objection.
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 Burea of Investigation and another), as well as judgment of the Apex Court reported in (2012) 10 SCC 303 (Gian Singh Vs. Stated 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 :- 3.6.2019 Radhika