Court No. - 49
Case :- APPLICATION U/S 482 No. - 708 of 2018 Applicant :- Riyazul Hasan @ Bhaiya Miyan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Zafar Abbas Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. Application has been filed with a prayer to quash the further proceeding of Criminal Case No. 22 of 2016 (State Vs. Riyazau Hasan) arising out of Case Crime No. 301 of 2015, under Sections 419, 420, 406 IPC, Police Station Karari, District Kaushambi, pending in the Court of Civil Judge (J.D.)/J.M. Kaushambi.
Learned counsel for the applicant submits that the FIR had got lodged on account of certain misunderstanding that existed relevant time. However, during pendency of the proceeding, the parties have resolved their differences and presently reduced the same to writing, which has been brought on record by means of short counter affidavit filed by Sri Akil Ahmad, learned counsel for the said opposite party no.2.
In view of the above, no difference appears to survive between the parties. It is wholly improbable if any evidence would be led by the opposite party in the present criminal prosecution as may result in conviction of the applicant.
No useful purpose would be served in keeping the application pending any further, relying on the judgment of Supreme Court in the case of Manoj Sharma Vs. State, (2008)16 SCC1, B.S. Joshi Vs. State of Haryana & others, (2003) 4 SCC 675 and Gian Singh Vs. State of Punjab & another, (2012)10 SCC 303.
Learned counsel for the opposite party no. 2 states that he does not dispute the fact stated in the joint affidavit filed by the applicant.
The instant application is allowed. Order Date :- 23.2.2018 Mini