Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 20268 of 2018
Petitioner :- Satish And 3 Others
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Mahendra Kumar Singh Chauhan
Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
A short counter affidavit has been file on behalf of respondent no. 3, in taken on record.
Heard Sri Mahendra Kumar Singh, learned counsel for the petitioners and Sri Pankaj Kumar has put in appearance on behalf of respondent no. 3 and learned A.G.A. for the State.
The present writ petition has been filed for quashing the entire proceeding of case crime no. 0702 of 2018 under sections 332, 353, 323, 324, 504 & 506 IPC, Police Station- Majhola, District Moradabad.
Learned counsel for the petitioners has argued that the compromise between the parties has already been filed as Annexure-1 of short counter affidavit and as the matter has been compromised on 23.07.2018, therefore, the present case be finally decided.
In the affidavit of Sri Jagdish Diwakar respondent no. 3 himself it has been mentioned in paragraph no. 3 and 4 that the parties have entered into compromise. The copy of the compromised affidavit has been annexed to annexure-1 of short counter affidavit.
In view of 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 23.07.2018, 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 set aside.
The present application is accordingly allowed in view of the compromise.
Order Date :- 30.7.2018 Swati