Court No. - 73
Case :- APPLICATION U/S 482 No. - 6477 of 2019 Applicant :- Tribhuvan Pandey And 4 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Praveen Kumar Singh,Anurag Vajpeyi Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Vakalatnama filed today by Sri Syed Imran Ibrahim, Advocate on behalf of opposite party no. 2 be taken on record.
Heard learned counsel for the applicants, learned AGA for the State and Sri Syed Imran Ibrahim, learned counsel for opposite party no. 2.
The present application under section 482 Cr.P.C. has been filed for quashing the proceedings of Criminal Appeal No. 46 of 2016 (State Vs. Tribhuvan) in Case Crime No. 19 of 2007, under sections 498-A I.P.C. and 3/4 D.P. Act, Police Station- Badagaon, District- Varanasi, pending in the court of Special Judge Anti Corruption Act, Court No. 4, Varanasi.
Learned counsel for the applicants submitted that present criminal proceeding is arising out of matrimonial dispute and now the parties have entered into compromise and no dispute is remain between the parties as on date. It is next submitted that earlier the applicants have approached this Court by filing Application U/S 482 No. 44453 of 2018 and this Court vide order dated 10.12.2018 disposed of the application with a direction to the court below to verify the compromise. It is next submitted that vide order dated 16.01.2019, court below had verified the compromise, copy of the verification order dated 16.01.2019 is annexed as Annexure-4 to the affidavit filed along with application. Lastly, it is submitted that in the light of compromise, present proceeding may be quashed.
Sri Syed Imran Ibrahim, learned counsel for opposite party no. 2 has supported the case of the applicants and submitted that parties have entered into compromise and court below has also verified the compromise. He further submitted that in case this Court is pleased to quash the criminal proceeding pending against the applicants, he 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. Stated 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 :- 22.2.2019 Sartaj