Court No. - 81
Case :- APPLICATION U/S 482 No. - 17514 of 2016 Applicant :- Smt. Sahabzadi And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amir Khan Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Heard learned counsel for the parties.
This application under Section 482, Cr.P.C. has been filed for quashing the entire proceedings of Complaint Case No. 646 of 2014, under section 323, 420, 504, 506 IPC, Police Station Sahaswan, District Budaun (Faeem Khan Vs. Smt. Sahabzadi and others) pending in the court of learned Judicial Magistrate, Sahaswan, Budaun as well as summoning order dated 12.10.2015 passed by learned Judicial Magistrate, Sahaswan, Budaun as well as revisional court order dated 28.03.2016 passed by learned Additional Sessions Judge, Court No. 4, Budaun.
Learned counsel for both the parties submit that matter has been compromised between the parties out of the court and compromise deed has been duly verified before the concerned Court below. Compromise verification report is already on record.
Learned counsel for the parties also do not dispute the aforesaid compromise verification report. The counsel for the complainant/opposite party no.2 has stated at the Bar that on account of settlement/compromise made between the parties, now the complainant does not want to continue the criminal proceedings against the applicants.
Thus, in view of the well settled principles 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 Judgment of the Apex Court reported in J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another), the proceedings of the aforesaid case is hereby set aside.
The present application u/s 482 Cr.P.C. is allowed in terms of the aforesaid compromise/settlement report.
Order Date :- 28.10.2021 Mini