Court No. - 33
Case :- APPLICATION U/S 482 No. - 19378 of 2018 Applicant :- Udan Pasi And 3 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ajay Singh Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Short-counter affidavit filed on behalf of the opposite party no. 2 is taken on record.
Heard Sri Ajay Singh, learned counsel for the applicants, Sri Santosh Kumar Singh, learned counsel for the opposite party no. 2 and learned AGA for the State and perused the record.
By means of the present application under Section 482 Cr.P.C., the applicants have prayed for quashing the entire criminal proceeding of Charge Sheet No. 41 of 2015 dated 22.03.2015 as Case No. 2419 of 2015 (State Versus Udan Pasi and others) in Case Crime No. 46 of 2015, under Sections 308, 504, 506 I.P.C., Police Station- Sachendi, District Kanpur Nagar, pending in the Court of ACMM-VII, Kanpur Nagar.
A short counter affidavit has been filed by learned counsel for the opposite party no. 2, wherein, it has been stated that the opposite party no. 2 and the applicants have executed a compromise on 18.04.2018 for peaceful relationship and both the parties have been residing in the same locality happily, copy of which has been annexed at page 35 of the application, hence the proceeding against the applicants be quashed.
Learned counsel for the applicants in support of his contention has placed reliance on the judgment of Apex Court in the case of Manoj Sharma Vs. State, (2008)16 SCC1, B.S. Joshi Vs. State of Haryana & others, (2003) 4 SCC 675 and Gian Singh Vs. State of Punjab & another, (2012)10 SCC 303 and has submitted that the applicants and opp. party No.2 have compromised the dispute and as such opp. party No.2 does not want to press the present case against the applicants.
From the perusal of the record it is apparent that parties have entered in to compromise and have settled their dispute amicably.
In this regard the view taken by the Apex court in the case of B.S. Joshi (supra) and Gian Singh versus State Of Punjab (supra) which has been relied upon by the learned counsel for the applicants finds force that this court in exercise of its inherent power under section 482 Cr.P.C. can quash the proceeding as the dispute has been amicably settled between the parties.
Hence, considering the facts and circumstances of the case and nature of offence the proceeding of the aforesaid case hereby quashed.
It is made clear that opp. party no.2, if have any grievance against this order, he may move an appropriate application within three months from today.
The present 482 Cr.P.C. application stands allowed.
Order Date :- 29.5.2018 K.K. Maurya