Court No. - 49
Case :- APPLICATION U/S 482 No. - 19576 of 2018
Applicant :- Surya Pratap Singh And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Shishir Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Sri Rajesh Mishra, Advocate has filed a counter affidavit alongwith his appearance slip on behalf of the opposite party no.2 today, which is taken on record.
Heard learned counsel for the applicants, learned counsel for the opposite party no. 2 and learned AGA for the State.
This application under Section 482 Cr.P.C. has been filed to quash the charge sheet date 22.07.2016 and the entire proceeding of Case Crime No. 334 of 2016 having its CNR No. UPGB0403133 of 2016, under Sections420, 467, 468, 471, 406 I.P.C. and Section 66, 66C & 66D of IT Act, Police Station- Sector 58 NOIDA, District- Gautam Budh Nagar, pending in the court of Chief Judicial Magistrate, Gautam Budh Nagar.
Learned counsel for the applicants submits that the dispute had arisen between the parties is purely civil and private arising out of transaction whereunder the opposite party no.2 had applied for job abroad. He had also paid certain money to the applicants to secure such job.
In view of the fact that no job was secured by the applicants, the FIR came to be lodged alleging offence as described. However, with the passage of time, the parties have been able to resolve their disputes and differences and that the entire money had been refunded to him to his full satisfaction. At present the opposite party no.2 does realize that the allegations had been made against the present applicants on account of misunderstanding and that the applicants had no criminal intent. In such fact, the opposite party no.2 does not wish to press charges against the applicants.
Sri Rajesh Mishra, learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicants. He submits that the opposite party no. 2 has no objection, if the proceedings of the aforesaid case are quashed. Paragraphs 15 and 16 of the counter affidavit filed on behalf of the opposite party no.2 reads as under:
"15. That the all applicants and opposite party no.2 have reached upon the compromise on 21.05.2018 and they have resolved there issues completely and the all applicants are refunded the all money of the opposite party no.2. Photocopy of the compromise deed dated 21.05.2018 is being filed herewith and marked as Annexure No. CA1 to this affidavit.
16. That in such terms and circumstances now opposite party no.2 is not interest in continuing the present criminal proceedings against the accused applicants and hence it should be dropped upon."
Learned counsel for the applicants in support of his contention has placed reliance on the judgments of Apex Court in the case of Narinder Singh vs. State of Punjab reported in (2014) 6 SCC 466, Yogendra Yadav vs. State of Jharkhand reported in (2014) 9 SCC 653 and Parbatbhai Aahir Vs. State of Gujarat reported in (2017) 9 SCC 641 and has submitted that the applicant and opposite party no.2 have settled their civil and private disputes through a compromise and as such opposite party no.2 does not wish to press the aforesaid case against the applicant. Opposite party no.2 is ready to withdraw the prosecution of the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on.
From perusal of the record, it is apparent that parties have entered into compromise and have settled their dispute amicably.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties regarding the compromise entered into between the parties. Taking all these factors into consideration cumulatively, the compromise between parties be accepted and further taking into account the legal position as laid down by the Apex Court in the case of Narinder Singh vs. State of Punjab (supra), Yogendra Yadav vs. State of Jharkhand (supra) and Parbatbhai Aahir Vs. State of Gujarat (supra) the entire proceedings of the aforesaid case is hereby quashed.
The present 482 Cr.P.C. application stands allowed, subject to payment of cost Rs. 2,000/- (Rs. 1,000/- on each party) to be deposited before the Legal Services Committee, High Court Allahabad, within a period of three weeks from today.
Order Date :- 30.5.2018 Lbm/-