Court No. - 81
Case :- APPLICATION U/S 482 No. - 4422 of 2021 Applicant :- Sunil Chauhan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohit Singh Counsel for Opposite Party :- G.A.,Shiv Kumar Singh
Hon'ble Naveen Srivastava,J.
Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No. 2300523 of 2018 (State Vs. Sunil Chauhan and Others), arising out of Case Crime No. 315 of 2017, under Section 498-A, 323, 504, 506, 377 IPC and Section 3/4 D.P. Act, Police Station Gulhariya, District Gorakhpur pending in the Court of Civil Judge (Senior Division)/ FTC, Gorakhpur and also to quash the impugned charge sheet dated 21.12.2017 and cognizance order dated 26.05.2018 as well as to stay the further proceedings of the above said case.
Learned counsel for both the parties submit that matter has been compromised between the parties out of the court and compromise deed has been duly verified before the concerned Court below. Compromise verification report dated 03.06.2021 is already on record.
Learned counsel for the parties also do not dispute the aforesaid compromise verification report. The counsel for the complainant/opposite party no.2 has stated at the Bar that on account of settlement/compromise made between the parties, now the complainant does not want to continue the criminal proceedings against the applicant.
Thus, in view of above, the application under Section 482 Cr.P.C is liable to be allowed in terms of aforesaid compromise keeping in view of well settled principle of law laid down by the Hon'ble Apex Court in case of B.S. Joshi Vs. State of Haryana 2003 (4) SCC 675 as well as in case of Nikhil Merchant Vs. Central Bureau of investigation and another J.T. 2008 (9) SC 192.
Consequently, the charge sheet dated 21.12.2017 in Case Crime No. 315 of 2017, under Sections 498-A, 323, 504, 506, 377 I.P.C. and Section 3/4 D.P. Act, Police Station Gulhariya, District Gorakhpur, impugned cognizance order dated 26.05.2018 and Case No. 2300523 of 2018, pending in the Court of Civil Judge (Senior Division)/FTC, Gorakhpur as well as entire proceedings of the aforesaid case is hereby quashed.
The present application u/s 482 Cr.P.C. is allowed in terms of the aforesaid compromise/settlement report.
Order Date :- 29.10.2021 SK Srivastava