Court No. - 55
Case :- APPLICATION U/S 482 No. - 45961 of 2018 Applicant :- Sunil And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pankaj Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Sri Ajay Kumar Pathak, Advocate has filed short counter affidavit alongwith Vakalatnama on behalf of opposite party no. 2 today in court, which is taken on record.
Heard learned counsel for the applicants, learned AGA for the State and Sri Sri Ajay Kumar Pathak, learned counsel for opposite party no. 2.
The present application under section 482 Cr.P.C. has been filed for quashing the summoning order dated 17.4.2017 passed by Chief Judicial Magistrate, Kasganj and entire criminal proceedings of Case No. 2423 of 2018 (Sanjeev Gupta Vs. Sunil and others), under Sections 147, 452, 323, 506, 427 I.P.C., Police Station Soron, District Kasganj, pending in the court of Chief Judicial Magistrate, Kasganj.
Learned counsel for the applicants submitted that compromise has been entered into between the applicants and the respondent no. 2. A compromise deed regarding compromise has been filed before Chief Judicial Magistrate, Kasganj, which is annexed as Annexure-5 to the affidavit filed in support of the application. Learned counsel for the applicants states that the matter has been compromised and the respondent no. 2 do not want to pursue the matter any further as the matter has been amicably settled between the parties, therefore, the present case is finally decided.
Sri Ajay Kumar Pathak, learned counsel for opposite party no. 2 has filed short counter affidavit and supported the case of the applicants. It is clearly stated that if the proceedings initiated against applicants in aforesaid case is quashed by the court, opposite party no. 2, has no objection.
In view of above, the applicants and respondents no. 2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.
Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi) Vs. State of Haryana) as well as the judgement of the Apex Court reported in J.T. 2008 SC 192 (Nikhil Merchant Vs. Central Burea of Investigation and another) as well as Judgment of the Apex Court reported in (2012)10 SCC 303 (Gian Singh Vs. State of Punjab) and reported in 2014 Supreme Today 642 (Narinder Singh & others Vs. State of Punjab and another), the proceedings of the aforesaid case is hereby quashed.
The present application is, accordingly, allowed. Order Date :- 20.12.2018 Rmk.