Court No. - 71
Case :- APPLICATION U/S 482 No. - 17098 of 2019
Applicant :- Sanjay Yadav And 8 Ors Opposite Party :- State Of Up And Another Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, Sri Dhiraj Singh, learned counsel for the opposite party no.2 and learned A.G.A. for the State. Learned counsel for the opposite party no.2 has filed short counter affidavit, is taken on record.
The present 482 Cr.P.C. application has been filed to quash the entire criminal proceedings of Case No.1365 of 2017 (State Vs. Sanjay Yadav and others) arising out of Case Crime No.68 of 2011, under Sections 147, 323, 504, 506 I.P.C. and Section 3(1)X SC/ST Act, P.S. Rasra, District Ballia, pending in the court of Additional Chief Judicial Magistrate-Ist, Ballia, as well as charge sheet no.37 of 2011 dated 19.03.2011.
Learned counsel for the applicant submits that the parties have reconciled their differences and a compromise have entered between them which has been reduced in writing. he has mentioned in paragraph no.12 onwards regarding the compromise. He further submitted that the compromise was submitted by the parties before the lower court and the lower court has not taken any decision on that compromise.
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 paragraph no.4 of the short counter affidavit he has disclosesd 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.
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 and the proceedings of the aforesaid said case is hereby quashed.
Order Date :- 30.4.2019 R./