Court No. - 38
Case :- APPLICATION U/S 482 No. - 22194 of 2019 Applicant :- Rishipal Singh And 2 Others Opposite Party :- State Of Up And Anotherh Counsel for Applicant :- Anupam Kumar,Gopal Das Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Sri Anil Kumar Tiwari, Advocate has filed Vakalatnama alongwith counter affidavit on behalf of opposite party no. 2, which is taken on record.
Heard learned counsel for the applicants, learned AGA for the State and Sri Anil Kumar Tiwari, learned counsel for opposite party no. 2.
The present application under section 482 Cr.P.C. has been filed for quashing the entire proceedings of Criminal Complaint Case No. 1251 of 2018 (Old Case No. 1719 of 2011), (Mahipal Vs. Rishipal and others), under Sections 452, 323, 427, 504, 506 I.P.C., Police Station Mandawar, District Bijnor, pending in the court of Additional Chief Judicial Magistrate, 3rd, Bijnor as well as the impugned summoning order dated 15.3.2008.
Learned counsel for the applicants submitted that the applicants and opposite party no. 2 are cousin brothers and under some confusion, a criminal complaint was filed by opposite party no. 2 against the applicants in which summoning order dated 15.3.2008 was issued against them. He further submitted that compromise has been entered into between the applicants and the opposite party no. 2. An application dated 15.3.2019 alongwith affidavit regarding compromise has been filed before the IIIrd Additional Chief Judicial Magistrate, Bijnor, which is annexed as Annexure-7 to the affidavit filed in support of application. 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 present case is finally decided.
Sri Anil Kumar Tiwari, learned counsel for opposite party no. 2 has 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), reported in 2014 Supreme Today 642 (Narinder Singh & others Vs. State of Punjab and another) and judgment of the Apex Court in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others, 2019 LawSuit (SC) 484, the proceedings of the aforesaid case is hereby quashed.
The present application accordingly allowed. Order Date :- 4.6.2019 Rmk.