Court No. - 72
Case :- APPLICATION U/S 482 No. - 33891 of 2017 Applicant :- Smt. Sangeeta Singh And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jitendra Pal Singh Jadaun,Dur Vijay Singh Counsel for Opposite Party :- G.A.,Jai Prakash Prasad
Hon'ble Saumitra Dayal Singh,J.
1. Short counter affidavit filed today is taken on record.
2. Heard Sri Dur Vijay Singh, learned counsel for the applicants, Sri Jai Prakash Prasad, learned counsel for the opposite party no.2 and learned AGA for the State.
3. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Complaint Case No. 15378 of 2015 (Smt. Radha Awasthi Vs. Smt. Sangeeta Singh & Others), under Sections- 420, 323, 354, 504, 506, 406 I.P.C., Police Station- Bannadevi, District- Aligarh, pending in the court of learned Additional Chief Judicial Magistrate, Court No.2, Aligarh as well as summoning order dated 24.07.2017.
4. The present application had arisen upon a complaint being lodged by the opposite party no.2 against the applicants. By means of the short counter affidavit filed today, it has been admitted that the dispute between the parties had been resolved amicably and that the complainant does not wish to press charges against the applicants. Paragraph nos.3 and 4 of the said short counter affidavit read as under:-
"3. That it is relevant to submit here that the applicant no.1 and opposite party no.2 have entered into a compromise on 21.02.2019, Paragraph No.6 Annexure No.1 and Page No.7 of the supplementary affidavit, filed by Mr. Durvijay Singh, Counsel for the applicants, the aforesaid compromise deed dated 21.02.2019 written between the applicant no.1 namely Sangeeta Singh and Opposite Party no.2 namely Radha Awasthi in the present of witness namely Sunil.
4. That in view of the facts and circumstances stated above, it is expedient and necessary in the interest of justice that this Hon'ble Court may please to pass just and proper order in pursuance of the compromise deed dated 21.02.2019. And/or may pass such other and further order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case to meets the ends of justice, otherwise the Opposite Party no.2 shall suffer irreparable loss and injury, which cannot be compensate in any manner."
5. As to the allegation, it was in respect of encashment of a cheque, the dispute was primarily civil and private in nature which is stated to have been resolved between the parties. In view of the above, no useful purpose would be served in allowing the complaint to proceed any further.
6. Accordingly, the present application is allowed. The summoning order dated 24.07.2017 is hereby set aside and proceeding against the applicants in the aforesaid case is hereby quashed.
Order Date :- 26.4.2019 S.Chaurasia