Court No. - 67
Case :- APPLICATION U/S 482 No. - 23819 of 2017
Applicant :- Sher Singh And 3 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Awadhesh Kumar Mishra
Counsel for Opposite Party :- G.A.,Anwar Mehdi Zaidi
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The applicants, by means of this application u/s. 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with a prayer to quash charge sheet dated 31.12.2016, laid in Case No. 704 of 2017 arising out of Case Crime No. 563 of 2016, under Section 498A, 323, 506 IPC, and Section 3/4 D.P.Act, P.S. Baradari, District Bareilly pending in the court of learned A.C.J.M.-Ist, Bareilly.
Learned counsel for the applicants has argued that the compromise between the parties has already been filed as Annexure - 4 to the present petition and as the matter has been compromised on 08.05.2017, therefore, the present case be finally decided.
Learned counsel for the opposite party no.2 does not dispute the fact that the matter has been compromised.
In view of the fact that the informant who is the prosecutrix does not want to pursue the case any further and considering the fact that the dispute between the parties which is of personal nature has been mutually settled in view of the compromise dated 08.05.2017, 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 (B.S. Joshi Vs. State of Haryana) as well as the Judgement 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 :- 30.1.2019 Abhishek Sri.