Court No. - 33
Case :- APPLICATION U/S 482 No. - 19356 of 2018 Applicant :- Sitab Singh And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Narendra Kumar,Pawan Kumar Yadav,Ravindra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Joint affidavit filed by Sri S.K. Verma, Advocate, on behalf of the opposite party no. 2 is taken on record.
Heard learned counsel for the applicant and learned AGA for the State and perused the record.
By means of the present application under Section 482 Cr.P.C., the applicants have prayed for quashing the entire criminal proceeding as well as impugned charge sheet No. 171 of 2018 dated 28.02.2018 (State Versus Sitab Singh and others) submitted in Case Crime No. 56 of 2018, under Sections 323, 504, 506, 427 I.P.C. and Section 3(1) (D) & (Dh) SC/ST Act, Police Station-Deoband, District Saharanpur, pending in the court of Additional District Judge, II Saharanpur.
A joint affidavit of both the parties has been filed by the learned counsel for the opposite party no. 2, wherein, it has been stated that the opposite party no. 2 and the applicants have executed a compromise on 20.02.2018 before the concern S.S.P. which is also part of the application annexed at Annexure No. 3 but the Investigating Officer wrongly submitted charge sheet before the court concern on 28.02.2018 ignoring the compromise between the parties.
Learned counsel for the applicants in support of his contention has placed reliance on the judgment of Apex Court in the case of Manoj Sharma Vs. State, (2008)16 SCC1, B.S. Joshi Vs. State of Haryana & others, (2003) 4 SCC 675 and Gian Singh Vs. State of Punjab & another, (2012)10 SCC 303 and has submitted that the applicants and opp. party No.2 have compromised the dispute and as such opp. party No.2 does not want to press the present case against the applicants.
From the perusal of the record it is apparent that parties have entered in to compromise and have settled their dispute amicably.
In this regard the view taken by the Apex court in the case of B.S. Joshi (supra) and Gian Singh versus State Of Punjab (supra) which has been relied upon by the learned counsel for the applicants finds force that this court in exercise of its inherent power under section 482 Cr.P.C. can quash the proceeding as the dispute has been amicably settled between the parties.
Hence, considering the facts and circumstances of the case and nature of offence the proceeding of the aforesaid case hereby quashed.
It is made clear that opp. party no.2, if have any grievance against this order, he may move an appropriate application within three months from today.
The present 482 Cr.P.C. application stands allowed. Order Date :- 29.5.2018 K.K. Maurya