Court No. - 49
Case :- APPLICATION U/S 482 No. - 25688 of 2018 Applicant :- Rampreet Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Akhilesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the opposite party no. 2.
The present 482 Cr.P.C. application has been filed to quash the impugned order dated 17.5.2013 passed by Sessions Judge, Sant Kabir Nagar in S.T. No. 45 of 2013, in connection with Case Crime No. 4 of 2013, under Section 363, 366, 376 I.P.C., Police Station Mahuli, District Sant Kabir Nagar as well as entire proceedings of S.T. No. 45 of 2013, under Section 363, 366, 376 I.P.C., Police Station Mahuli, District Sant Kabir Nagar.
Learned counsel for the applicant submits that the present prosecution had been lodged upon certain misunderstandings and misgivings that had arisen between the parties, and there was no real incident that may have transpired, and neither there was any criminal intent nor any offence was ever committed by the applicant. It is then submitted that dispute between the parties had arisen on certain other differences that existed between the parties, and at present, the same had been resolved. It is further submitted that the applicant and opposite party no. 3 have been now married and are living with their respective spouses. The parties have entered into a compromise and have settled such disputes amicably, in writing, vide compromise dated 25.6.2018, and opposite party nos. 2 and 3 do not wish to press charges against the applicant.
Shri Raghvendra Prakash has filed his appearance slip on behalf of the opposite party nos. 2 and 3 as well personal affidavit of opposite party no. 3 today, which is taken on record. He also does not dispute the correctness of the submission made by learned counsel for the applicant or the correctness of the documents relied upon by him. Paragraph nos. 2, 3 and 4 of the said affidavit reads as under:
"2. That the instant Short Counter Affidavit is being filed for the purpose of bringing on record certain necessary and important facts and circumstances as the same would give a clear picture of the entire case and would also be of assistance to the Hon'ble Court in deciding the present 482 application on merits.
3. That the O.P. no. 2 and 3 are reputed and respected members of society and they do not want to litigate anymore and agreed to withdraw this case as now they have no complaint against the applicant as the deponent is now married and living with her husband happily hence now she does not want to accuse any more to the applicant.
4. That in view of the facts and circumstances of the case stated here in above it is expedient in the interest of justice that this Hon'ble Court may graciously be pleased to allow the 482 application filed on behalf of the applicant on the basis of the compromise drawn between the parties, otherwise the O.P. no. 2 shall suffer irreparable loss and hardship."
Thus, in view of the well settled principles 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 Judgment of the Apex Court reported in J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another), the proceedings of the aforesaid case is hereby set aside.
The present application is accordingly allowed. Order Date :- 31.7.2018 Prakhar