Court No. - 52
Case :- APPLICATION U/S 482 No. - 9498 of 2018 Applicant :- Salman @Samaul Opposite Party :- State Of Up And Another Counsel for Applicant :- Istyak Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Short counter affidavit filed on behalf of the opposite party no. 2 is taken on record.
Heard Sri Istyak Khan, learned counsel for the applicant, Sri Anand Kumar Srivastava, who has filed Vakalatnama on behalf of opposite party no. 2 and learned A.G.A. for the State.
The present 482 Cr.P.C. petition has been filed for quashing the entire criminal proceeding of S.S.T. No. 493 of 2013 (State vs. Salman @ Samaul) arising out of case crime no. 62 of 2013, u/s 363, 366, 376 IPC, P.S. Raipurwa, District Kanpur Nagar.
Learned counsel for the parties stated that subsequent to lodging of the FIR the applicant and daughter of opposite party no. 2 have solemnized Nikah and are living together as husband and wife and two minor children born from the wedlock.
Learned counsel for the applicant has argued that the compromise has been taken place between the parties, therefore, the present case be finally decided.
Learned counsel for opposite party no.2 has not disputed the facts as stated by the learned counsel for the applicant. He has stated in para-5 of the short counter affidavit that opposite party no.2 does not want to proceed with the present case against the applicant considering the future of the applicant, his daughter and children and the same may be allowed.
In view of the fact that the parties do not want to pursue the case any further as stated by them and the fact that matter is purely of personal nature, which has been mutually settled between the parties in view of the compromise dated 13.3.2018, no useful purpose would be served in proceeding with the matter further.
Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in (2012) 10 SCC, 303; Gian Singh Vs. State of Punjab and 2014 AIR SCW 2065; Narinder Singh and others Vs. State of Punjab and Another, the proceedings of the aforesaid case is hereby quashed.
The present application is accordingly allowed.
Order Date :- 23.3.2018 Dhirendra/