Court No. - 49
Case :- APPLICATION U/S 482 No. - 19897 of 2018 Applicant :- Smt. Urmila Yadav And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Narendra Singh Counsel for Opposite Party :- G.A. Hon'ble Saumitra Dayal Singh,J.
Sri Kamlesh Singh, Advocate has filed his appearance slip on behalf of the opposite party no.2 today, which is taken on record. A joint affidavit has also been filed on behalf of the applicants and opposite party no.2 today, which is also 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 entire proceedings of S.S.T.No. 108 of 2008, arising out of Case Crime No. 321 of 2007, under Section 394, 447, 448 IPC, Police Station Sirsaganj, District Firozabad, pending in the court of Addl. Sessions Judge VI, Firozabad on the basis of compromise entered into between the parties.
Learned counsel for the applicants submits that the dispute between the parties is purely civil and private arising out of rival claims over ancestral property. It is then submitted that the partition proceedings have been settled amicably between the parties and that no dispute survives on that count. It is thus submitted that the criminal prosecution with respect to the same claim, has no legs to stand and the opposite party no.2 does not wish to press charges against the applicants in the changes circumstances.
Sri Kamlesh Singh, 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.
In this regard paragraphs 11, 12, 13 and 15 of the joint affidavit filed reads as under:
"11. That since the parties are close family members and have entered into a compromise with respect to the partitioned property in dispute which was civil in nature, as such the opposite party no.2 does not want to prosecute the applicants in the criminal proceedings of S.S.T. No. 108 of 2008 (state Vs. Anujesh Pratap Singh and others) arising out of Case Crime No. 321 of 2007 under Sections 394, 447, 448 IPC, Police Station Sirsaganj, District Firozabad, pending in the Court of learned Additional Sessions Judge, VI, Firozabad.
12. That the applicants and the opposite party no.2 have settled the matter as they have decided to keep harmony between them to enable them to live with peace and love.
13. That continuance of the criminal proceedings in the present case will be a futile exercise and mere wastage of precious time of the learned court below.
15. That since the applicants and the opposite party no.2 have entered into compromise with respect to family dispute between them and same has been settled amicably, as such the criminal proceedings is nothing but abuse of process of Court and under these circumstances the opposite party no.2 is willing to make a statement to this effect before this Hon'ble Court, if required."
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 :- 31.5.2018/Lbm/-