Court No. - 79
Case :- APPLICATION U/S 482 No. - 43036 of 2019
Applicant :- Safuddin And 3 Others
Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rabindra Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Counter affidavit filed on behalf of opposite party no. 2 in the Court today is taken on record.
Heard learned counsel for the applicant, V.K. Kushwaha, Advocate holding brief of Sri Ajay Kumar Pandey, learned counsel for the opposite party no. 2 and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 11.4.2016 and cognizance order dated 3.5.2016 as well as the entire proceedings of Criminal Case no. 921 of 2016, arising out of Case Crime no. 62 of 2016, under Sections 323, 452, 504 and 506 I.P.C., P.S. Adampur, district-Varanasi, pending in the court of Addl. Chief Judicial Magistrate-VII, Varanasi on the basis of compromise between the parties.
Learned counsel for the applicants submits that the parties have entered into a compromise and and have settled their dispute amicably in writing.
Sri Ajay Kumar Pandey, learned counsel appearing for the opposite party no.2 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. In fact, short counter affidavit filed today discloses that the compromise has been entered into between the parties. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashed.
Learned counsel for the applicant 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 653Parbatbhai Aahir Vs. State of Gujarat reported in (2017) 9 SCC 641 and has submitted that the applicant and opposite party no.2 have settled through compromise their private and civil dispute 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 applicant and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on. and 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. Order Date :- 28.11.2019 Faridul