Court No. - 49
Case :- APPLICATION U/S 482 No. - 10463 of 2018
Applicant :- Shaukat Ali And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anurag Shrivastava Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants, Sri Shiv Prakash, learned counsel for the opposite party no. 2 and learned AGA for the State.
This application under Section 482 Cr.P.C. has been filed to quash the charge sheet dated 31.01.2017, cognizance order dated 27.07.2017 as well as entire proceeding of Criminal Case No. 2503 of 2007 (State Vs. Shaukat Ali and another), arising out of Case Crime No. 1594 of 2006, under Sections- 420, 467, 468, 471 I.P.C., Police Station- Dhampur, District- Bijnor, pending before the learned C.J.M., Bijnor.
Learned counsel for the applicants submits that while the aforesaid FIR has been lodged in view of certain misunderstanding and misgivings between the parties, the dispute between the parties was with respect to the Rs. 38,000/- which has now been paid back to the opposite party no. 2 to his full satisfaction and the parties have entered into a compromise and have settled their disputes amicably in writing before the court below.
Learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. In fact the present counter affidavit discloses that the compromise has been entered into between the parties. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashed.
Learned counsel for the applicants in support of his contention has placed reliance on the judgments of Apex Court in the case of Narindra Singh vs. State of Punjab reported in (2014) 6 SCC 466 and Yogendra Yadav vs. State of Jharkhand reported in (2014) 9 SCC 653 and has submitted that the applicants and opposite party no.2 have compromised the dispute and as such opposite party no.2 does not want to press the aforesaid case against the applicants. Opposite party no.2 is ready to withdraw the prosecution of the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on.
From perusal of the record, it is apparent that parties have entered into compromise and have settled their dispute amicably.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties regarding the compromise entered into between the parties. Taking all these factors into consideration cumulatively, the compromise between parties be accepted and further taking into account the legal position as laid down by the Apex Court in the case of Narindra Singh vs. State of Punjab (supra) and Yogendra Yadav vs. State of Jharkhand (supra) the entire proceedings of the aforesaid case is hereby quashed.
The present 482 Cr.P.C. application stands allowed. Order Date :- 30.3.2018 A. Singh