Court No. - 49
Case :- APPLICATION U/S 482 No. - 25420 of 2018 Applicant :- Shah Alam And 9 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Akhilesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard Sri Akhilesh Kumar Pandey, learned counsel for the applicants, Sri Dhiraj Kumar Pandey, learned counsel for the opposite party no.2 and learned AGA for the State as also perused the record.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 19.09.2017 and the entire proceeding of Criminal Case No. 6048 of 2017, arising out of Case Crime No. 260 of 2017 (State of U.P. Vs. Shah Alam and others), under Sections 498A, 323, 506, 376, 120B, 324 IPC, Police Station Kotwali Mandi, District Saharanpur in light of the compromise dated 14.05.2018.
Learned counsel for the applicants submits that arising out of marital discord between the applicant no.1 and the opposite party no.2, the present prosecution had been lodged against the applicants. It is then submitted that with the passage of time, the parties have been able to resolve their differences amicably and at present the opposite party no.2 does not wish to press charges against the applicants.
Sri Dheeraj Kumar Pandey, Advocate has filed appearance slip on behalf of the opposite party no.2 as also the personal affidavit (short counter affidavit) of the said opposite party no.2 and the injured witness. Paragraphs 5, 6, 7, 8 and 9 of the said short counter affidavit reads as under:
"5.That now both the deponents is interested to settle the dispute, so by the intervening of the well wishers of the society the present deponents has entered in to the compromise with the applicants in the present case on 14.5.2018 and if the Hon'ble Court pleased to quash the abovementioned criminal proceedings, which is pending against the applicants, the Victims/deponents of the present case have no objection.
6. That now the victims/deponents do not wish to proceed/prosecute the case against the applicants.
7. That now the present case was settled between the first informant and the Applicants on the interference of well wishers of the society, in the interest of both the parties now the victims had entered into the compromise and now do not want to prosecute the applicants further.
8. That now because of the matter have been compromised (between the parties (between the opposite party no.2 and the applicants), therefore the victims/deponents have no desire to continue any criminal proceedings against the applicants.
9. That in view of the facts and circumstances stated above it is expedient in the interest of justice that this Hon'ble Court may graciously b pleased to take this short counter affidavit and include it as apart of original record adn further be pleased to quash the entire criminal proceedings of Criminal Case No.6048 of 2017 arising out of case crime No.260 of 2017 State of U.P. Vs. Shah Alam and Others, under Sections 498-A, 323, 506, 376, 120-B and 324 IPC, Police Station- Kotwali Mandi, District Saharanpur as well as charge sheet dated 19.9.2017 submitted in the aforesaid sections in light of compromise dated 14.5.2018."
In view of the fact that the parties do not want to pursue the case any further as stated by them, therefore, 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 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana) as well as the Judgment of the Apex Court reported in J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of Investigation and another), the proceedings of the aforesaid case is hereby set aside.
The present application is accordingly allowed. Order Date :- 27.7.2018 Lbm/-