Court No. - 49
Case :- APPLICATION U/S 482 No. - 38128 of 2018 Applicant :- Rohit Dwivedi And 3 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shashank Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
Short rejoinder affidavit filed on behalf of petitioners, which is taken on record.
Heard leaned counsel for the petitioners, learned A.G.A for the State and perused the record.
The present petition has been filed by the petitioners for quashing the entire proceedings of Case No.1202 of 2011, arising out of Case Crime No.61 of 2011 (State vs. Rohit and others), under Sections 323, 504, 506 I.P.C., P.S. Panki, District Kanpur Nagar, pending in the court of C.M.M., Kanpur Nagar.
It has been contended by learned counsel for the petitioners that the parties have entered into a compromise, the petitioners have earlier approached this Court and this Court vide order dated 02.11.2018 the matter was sent to the Court below to verify the fact of compromise, copy of which has been sent to the Court below to verify the fact of compromise. Thereafter, in compliance of the Court's order dated 02.11.2018 both the parties appeared before the court below, on which the learned Magistrate verified the compromise entered into between the parties.
Learned counsel for the petitioners in support of his contention has placed reliance on the judgment of Apex Court in the case of Manoj Sharma Vs. State, (2008) 16 SCC 1 and Nikhil Merchant Vs. Central Bureau of Investigation & another reported in 2008 (9) SCC 677 and has submitted that the petitioners and opposite party No. 2 have compromised the dispute and as such opposite party No. 2 does not want to press the aforesaid case against the petitioners. The opposite party No. 2 is ready to withdraw the prosecution of the petitioners and in view of the compromise no fruitful purpose would be served if the prosecution is allowed to go on.
From the 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, there is minimal chance of witnesses coming forward in support of prosecution case and it may become difficult to prove the prosecution case, hence chances of conviction appear to be remote. 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 Manoj Sharma (supra) and Nikhil Merchant (supra) that this court in exercise of its inherent power under Section 482 Cr.P.C. can quash the proceeding.
Hence in view of the above, entire proceedings of the aforesaid case is hereby quashed.
The present 482 Cr.P.C. application stands allowed. Order Date :- 19.12.2018 Jitendra (Vivek Chaudhary, J.)