Court No. - 52
Case :- APPLICATION U/S 482 No. - 8409 of 2018 Applicant :- Taushif And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amar Jeet Upadhyay Counsel for Opposite Party :- G.A.,Sanjay Kumar Srivastav AND Case :- APPLICATION U/S 482 No. - 8433 of 2018 Applicant :- Mustqeem And 5 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Amar Jeet Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Amar Jeet Upadhyay, learned counsel for the applicants, Sri Sanjay Kumar Srivastav, appearing for opposite party no.2, learned AGA for the State and perused the record.
Since both the aforesaid applications under Section 482 Cr.P.C. have been filed by respective applicants against the same crime number, hence, both the applications are being disposed of by this common order, with the prayer to quash the entire proceedings of S.T. No.119 of 2012 (State Vs. Tausif and another) and S.T. No.119-A of 2012 (State Vs. Mustaqeem and other) arising out of case crime no.368-A of 2011, under Sections 307, 323, 504 IPC and 147, 148, 149, 307, 323, 504 IPC., P.S. Lisadi Gate, District Meerut, pending in the court of Additional District and Sessions Judge, Court No.5, Meerut.
Learned counsel for the parties have submitted that the applicants and opposite party no.2 are immediate neighbour and they have settled all their differences and have arrived at a settlement. It is argued that the proceedings under challenge is a cross case of S.T. No.231 of 2012 (State Vs. Zakir Husain and others) arising out of case crime no.368 of 2011, under Sections 307, 323, 452 IPC, P.S. Lisadi Gate District Meerut. The said proceedings of cross case was challenged by Zakir Husain and others including the opposite party no.2 in an Application (u/s 482 Cr.P.C.) No.38580 of 2017 and on the basis of compromise, the proceedings of the aforesaid cases have been quashed. Learned counsels for the parties states that in the present case also being cross cases, the proceedings be quashed in the interest of justice.
I have perused the allegations made in the first information report and the averments made in the joint compromise.
In view of law laid by Hon'ble Apex Court in the case of Gian Singh vs State Of Punjab and another in Special Leave Petition (Crl) No.8989 of 2010 decided on 24 September, 2012, the aforesaid proceeding is hereby quashed.
Criminal Misc. Application under Section 482 Cr.P.C., accordingly stands allowed.
A copy of this order be certified to the lower court forthwith.
Order Date :- 30.3.2018 Hasnain