Court No. - 68
Case :- APPLICATION U/S 482 No. - 21133 of 2019 Applicant :- Shahadat And 02 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A.,Ajay Kumar Mishra
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties and perused the record.
This application under Section 482 of the Code of Criminal Procedure, 1973 has been filed on behalf of the applicants with a prayer to quash the impugned summoning order dated 07.02.2015 as well as the entire proceedings of Complaint Case No. 2227 of 2017 (Smt. Nazreen Fatma v. Shahadat and others), under Sections 354-B, 506 of I.P.C., Police Station - Bachhraon, District - Amroha, pending in the court of A.C.J.M.-Ist, Amroha.
Learned counsel for the parties submitted that the matter has been amicably settled between the parties. Certified copy of compromise filed by opposite party no. 2 Smt. Nazreen Fatma, is on record. Smt. Nazreen Fatma has also filed a short counter affidavit with the assertion that the matter has been amicably settled between the parties.
Hon'ble Apex Court in Parbatbhai Aahir alias Parbatbhai Bhimsinhbhai Karmur and Others v. State of Gujarat and Another reported in (2017) 9 SCC 641 has held as follows:-
"16.9. In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice;"
Considering the nature of the case, the fact that the matter has been amicably settled between the parties and in view of principle laid down by Hon'ble Apex Court in Parbatbhai Aahir's case (supra), the proceedings in the aforesaid case is quashed.
In view of above, the prayer so made is accepted and accordingly, the instant application stands allowed.
Order Date :- 31.5.2019 I. Batabyal