Court No. - 49
Case :- APPLICATION U/S 482 No. - 19066 of 2018
Applicant :- Renu Srivastava And 2 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shailesh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Sri Mohd. Wasim Advocate has filed appearance slip on behalf of the opposite party no.2 today, which is taken on record.
Heard learned counsel for the applicants, learned counsel for the opposite party no. 2 and learned AGA for the State.
This application under Section 482 Cr.P.C. has been filed to quash the charge sheet dated 26.07.2017 as well as cognizance order dated 04.09.2017 and the entire proceeding of Criminal Case No. 727 of 2017, arising out of Case Crime No. 46 of 2017, under Sections 323, 504, 506, 406, 419, 420, 467, 468 I.P.C., Police Station- Tiwaripur, District-Gorakhpur, pending before the court of Judicial Magistrate-I, Gorakhpur.
Learned counsel for the applicants submits that the applicant no.1 and opposite party no.2 are co-sister-in-law, they being married to two brothers- one Ranjit Srivastava and Bhairo Srivastava. The applicant no.2 is the sister of applicant no.1 while applicant no.3 is brother-in-law of the applicant no.1.
It is submitted that owing to family dispute, the FIR giving rise to the present prosecution came to be lodged by the opposite party no.2 wholly on misapprehension and misunderstanding, though neither the applicants have any criminal intent nor any criminal offence as alleged had been committed.
It is further submitted that the disputes were purely civil and private in nature and the same have been amicably resolved between the parties as has been reduced in writing in a compromise deed dated 12.01.2018 entered into between the parties. A copy of such compromise deed has been filed with the affidavit in support of the present application.
Sri Mohd. Wasim, learned counsel appearing on behalf of the opposite party no.2 has produced the original deed in Court. It is the original of the document, which has been filed as Annexure-9 to the affidavit in support of the present application. The original compromise deed has been returned to Sri Mohd. Wasim, learned counsel for the opposite party no.2 Learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicants. He submits that opposite party no. 2 has no objection, if the proceedings of the aforesaid case are quashed.
Learned counsel for the applicants in support of his contention has placed reliance on the judgments of Apex Court in the case of Narinder Singh vs. State of Punjab reported in (2014) 6 SCC 466, Yogendra Yadav vs. State of Jharkhand reported in (2014) 9 SCC 653 and Parbatbhai Aahir Vs. State of Gujarat reported in (2017) 9 SCC 641 and has submitted that the applicant and opposite party no.2 have settled their civil and private disputes through a compromise and as such opposite party no.2 does not wish to press the aforesaid case against the applicant. Opposite party no.2 is ready to withdraw the prosecution of the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on.
From perusal of the record, it is apparent that parties have entered into compromise and have settled their dispute amicably.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties regarding the compromise entered into between the parties. Taking all these factors into consideration cumulatively, the compromise between parties be accepted and further taking into account the legal position as laid down by the Apex Court in the case of Narinder Singh vs. State of Punjab (supra), Yogendra Yadav vs. State of Jharkhand (supra) and Parbatbhai Aahir Vs. State of Gujarat (supra) the entire proceedings of the aforesaid case is hereby quashed.
The present 482 Cr.P.C. application stands allowed, subject to payment of cost Rs. 2,000/- (Rs. 1,000/- on each party) to be deposited before the Legal Services Committee, High Court Allahabad, within a period of three weeks from today.
Order Date :- 29.5.2018 Lbm/-