Court No. - 47
Case :- APPLICATION U/S 482 No. - 38598 of 2018 Applicant :- Sunil @ Sonu Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sunil Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Vakalatnama alongwith short counter affidavit filed today by Sri Ashish Kumar Pathak, Advocate on behalf of opposite party No. 2 (Gulab Singh) is taken on record.
Heard Sri Sunil Kumar Singh, learned counsel for the applicant, learned A.G.A., for the State and Sri Ashish Kumar Pathak, learned counsel for the opposite party No. 2.
This application under Section 482 Cr.P.C., has been filed on behalf of the applicant to quash the entire proceedings of Sessions Trial No. 423 of 2013 (State Vs. Sunil @ Sonu) arising out case crime no. 145 of 2013 under Sections 308, 323, 504 IPC, P.S. Mandi Dhanaura, District Amroha.
Learned counsel for the applicants contended that this is a private party dispute between opposite party no. 2/injured Gulab Singh and applicant. Opposite party no. 2 has filed short counter affidavit stating that he has compounded the case with the applicant.
In this case, non cognizable report under Sections 323, 504 IPC was lodged against the applicant (Sunil @ Sonu). This is a private party dispute between the parties.
Considering the law laid down by Hon'ble Apex Court in Gian Singh Vs. State of Punjab reported in (2012) 10 SCC 303, and also the submissions made by the counsel for the parties, the Court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned case, as the parties have settled their dispute by means of Settlement Agreement dated 21.4.2016.
Accordingly, the entire proceedings of Sessions Trial No. 423 of 2013 (State Vs. Sunil @ Sonu) arising out case crime no. 145 of 2013 under Sections 308, 323, 504 IPC, P.S. Mandi Dhanaura, District Amroha is hereby quashed.
The application is, accordingly, allowed. Order Date :- 26.10.2018 Jaswant