Court No. - 60
Case :- APPLICATION U/S 482 No. - 27002 of 2016 Applicant :- Shahnoor And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dur Vijay Singh Counsel for Opposite Party :- G.A.,Maohammd Nadeem
Hon'ble Neeraj Tiwari,J.
Heard Sri Dur Vijay Singh, learned counsel for the applicants, learned AGA for the State and Mohammad Nadeem, learned counsel for opposite party no. 2.
The present application under section 482 Cr.P.C. has been filed for quashing the entire proceedings along with charge sheet dated 16.10.2012 in Case No.841 of 2014 (State Vs. Shahnoor and others) arising out of Case Crime No.485 of 2012, under Sections 308, 325, 324, 323, 504, 506 IPC, Police Station Gursahaiganj, District Kannauj pending in the Court of C.J.M., Kannauj.
Learned counsel for the applicants has filed supplementary affidavit and submitted that both the parties have entered into compromise and the said compromise has also been verified by C.J.M., Kannauj on 3.10.2016. Copy of the said compromise has been annexed as Annexure-SA-1 to the supplementary affidavit.
Learned counsel for the applicants 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.
Mohammad Nadeem, learned counsel for opposite party no. 2 has not disputed the said 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.
In view of above, the applicants and respondent no. 2 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), the proceedings in Case No.841 of 2014 (State Vs. Shahnoor and others) arising out of Case Crime No.485 of 2012, under Sections 308, 325, 324, 323, 504, 506 IPC, Police Station Gursahaiganj, District Kannauj is hereby quashed.
The present application is, accordingly, allowed. Order Date :- 29.10.2018 Arvind