Court No. - 73
Case :- APPLICATION U/S 482 No. - 7208 of 2019 Applicant :- Smt. Sattyama And 3 Others Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Amit Misra,Sandeep Kumar Dubey,Sri Viresh Misra, Senior Advocate Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Compromise affidavit along with Vakalatnama filed today by Sri Vikash Chandra Mishra, Advocate on behalf of opposite party nos. 2 to 5 be taken on record.
Heard Sri Viresh Misra, learned Senior Counsel assisted by Sri Sandeep Kumar Dubey, learned counsel for the applicants, learned AGA for the State and Sri Vikash Chandra Mishra, learned counsel for opposite party nos. 2 to 5.
The present application under section 482 Cr.P.C. has been filed for quashing the proceedings in Case No. 1916 of 2011 (State vs. Ramji and others) pending in the court of Chief Judicial Magistrate, Sonbhadra in Case Crime No. 538 of 2010, under sections 384, 506, 406, 419, 420 I.P.C., Police Station- Robertsganj, District- Sonbhadra, in view of settlement/compromise dated 05.01.2019 and 19.01.2019 arrived at between the parties.
Learned counsel for the applicants submitted that under some confusion, the present F.I.R. has been lodged but now the parties have entered into compromise and no dispute is remain between the parties as on date. It is further submitted that after compromise, an application along with compromise deed has also been filed along with civil suit no. 37 of 2017 before the court below. It is next submitted that compromise deed dated 19.01.2019 has also been signed by applicants and opposite party nos. 2 to 5, which is also part of the affidavit filed along with the application. It is also submitted that even in the present matter, compromise affidavit has also been filed by opposite party nos. 2 to 5 in which they have accepted the facts of compromise. It is lastly submitted that in light of compromise affidavit filed by opposite party nos. 2 to 5, present proceeding may be quashed.
Sri Vikash Chandra Mishra, learned counsel for opposite party nos. 2 to 5 has supported the case of the applicants on the basis of compromise affidavit. He further submitted that in case this Court is pleased to quash the criminal proceeding pending against the applicants, he has no objection.
In view of above, the applicants and respondents no. 2 to 5 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.
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 Burea of Investigation and another), as well as judgment of the Apex Court reported in (2012) 10 SCC 303 (Gian Singh Vs. Stated of Punjab) and reported in (2014) Supreme Today 642 (Narinder Singh & others Vs. State of Punjab and another), the proceedings of the aforesaid case is hereby quashed.
The present application is, accordingly allowed. Order Date :- 22.2.2019 Sartaj