Court No. - 60
Case :- APPLICATION U/S 482 No. - 9064 of 2005 Applicant :- Satendra Kumar Tripathi Opposite Party :- State Of U.P. And Others Counsel for Applicant :- K.D. Tiwari Counsel for Opposite Party :- Govt.
Advocate,A.K.Shukla,Rajesh Kumar Mishra
Hon'ble Neeraj Tiwari,J.
Heard Sri K.D. Tiwari, learned counsel for the applicant, learned AGA for the State and Sri Rajesh Kumar Mishra, learned counsel for opposite party no. 2.
The present application under section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No.285 of 2005 (State Vs. Santosh and others), under Section 307 I.P.C., Police Station Erach, District Jhansi, pending in the Court of A.C.J.M. IInd, Jhansi.
Sri K.D. Tiwari, learned counsel for the applicant has submitted that it is case of no injury and this fact may be verified by perusal of the FIR dated 14.10.2004. He further submitted that compromise has been entered between the applicant and respondent no.2 and the said compromise has also been verified by C.J.M., Jhansi on 27.08.2014. Photo copy of the said compromise has been annexed as Annexure-CA-1 to the counter affidavit.
Learned counsel for the applicant states that the matter has been compromised and the respondent no. 2 does not want to pursue the matter any further as the matter has been amicably settled between the parties, therefore, the present case is finally decided.
Sri Rajesh Kumar Mishra, learned counsel for opposite party no. 2 has filed counter affidavit and does not dispute this fact and submitted that the disputes have been amicably settled between the parties, therefore on the basis of compromise the Hon'ble Court may kindly be quashed the entire proceeding of the aforesaid case.
I have perused the FIR dated 14.10.2004 and other documents, which are placed before me. By perusal of the FIR, it is clear that there is no injury case. Further compromise has taken place between the applicant and respondent no.2 and matter has been mutually settled, therefore, no useful purpose would be served to proceed with the criminal proceeding.
Thus in view of the well settled principle 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 judgement of the Apex Court reported in J.T. 2008(() SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another) as well as Judgment of the Apex Court reported in (2012)10 SCC 303 (Gian Singh Vs. State of Punjab) and reported in 2014 Supreme Today 642 (Narinder Singh & others Vs. State of Punjab and another), the proceedings of Case No.285 of 2005 (State Vs. Santosh and others), under Section 307 I.P.C., Police Station Erach, District Jhansi, pending in the Court of A.C.J.M. IInd, Jhansi, is hereby quashed.
The present application is, accordingly, allowed. Order Date :- 30.10.2018 Junaid