Court No. - 60
Case :- APPLICATION U/S 482 No. - 29073 of 2011 Applicant :- Vijay Kumar Pal @ Vijayi Pal And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sriprakash Dwivedi Counsel for Opposite Party :- Govt.Advocate
Hon'ble Neeraj Tiwari,J.
Heard Sri Sriprakash Dwivedi, learned counsel for the applicants, learned A.G.A. for the State and Sri Piyush Tripathi, learned counsel for the opposite party no.2.
The present application under section 482 Cr.P.C. has been filed for quashing the charge-sheet dated 30.4.2010 and proceeding in Case No.4811 of 2010 (State Vs. Deepak Kumar Pal and others), under Section 193, 195, 199, 209, 218, 468, 471 & 120B IPC, Police Station Chopan, District Sonebhadra, pending in the Court of C.J.M. Sonebhadra.
Learned counsel for the applicants submitted that compromise has been entered into between the applicants and the respondent no. 2. A joint affidavit regarding compromise has been filed before C.J.M., Sonebhadra on 27.08.2018, which is annexed as Annexure-1 to this application.
Learned counsel for the applicants states that the matter has been compromised and the respondent no. 2 does not want to pursue the matter any further as the matter has been amicably settled between the parties, therefore, the proceeding may be quashed.
Sri Piyush Tripathi, learned counsel for opposite party no. 2 has not disputed the said fact and submitted that the disputes have been amicably settled between the parties, therefore on the basis of compromise the Hon'ble Court may kindly be quash the entire proceeding of the aforesaid case.
In view of above, the applicants and respondent 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 Bureau of Investigation and another) as well as Judgment of the Apex Court reported in (2012)10 SCC 303 (Gian Singh Vs. State of Punjab) and reported in 2014 Supreme Today 642 (Narinder Singh & others Vs. State of Punjab and another), the proceedings in Case No.4811 of 2010, State Vs. Deepak Kumar Pal and others, under Section 193, 195, 199, 209, 218, 468, 471 & 120B IPC, Police Station Chopan, District Sonebhadra, pending in the Court of C.J.M. Sonebhadra is hereby quashed.
The present application is, accordingly, allowed. Order Date :- 30.10.2018 Junaid