Court No. - 49
Case :- APPLICATION U/S 482 No. - 39869 of 2017 Applicant :- Virendra Kumar Mishra Alias Chaitanya Virendra Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Maya Pati Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Sri Deepak Kumar Singh has filed his vakalatnama on behalf of O.P. No. 2, today, which is taken on record.
Heard learned counsel for the applicant, Sri Deepak Kumar Singh, learned counsel for O.P. No. 2 and learned A.G.A. for the State.
The present 482 Cr.P.C. petition has been filed for quashing the entire proceeding of Criminal Case No. 1591 of 2017 arising out of Case Crime No. 946 of 2017, under Sections 406 & 506 IPC, P.S. Bansi, District Siddharth Nagar pending before the learned Judicial Magistrate, Court No. 1, Siddharth Nagar Learned counsel for the applicant has argued that the compromise has been taken place between the parties on 31.07.2016, therefore, the present case be finally decided.
Learned counsel for opposite party no.2 has not disputed the facts as stated by the learned counsel for the applicant. He further contended that opposite party no.2 does not want to proceed with the present case against the applicant and the same may be allowed.
In view of the fact that the parties do not want to pursue the case any further as stated by them and the fact that matter is purely of personal nature, which has been mutually settled between the parties in view of the compromise dated 31.07.2016, no useful purpose would be served in proceeding with the matter further.
Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in (2012) 10 SCC, 303; Gian Singh Vs. State of Punjab and 2014 AIR SCW 2065; Narinder Singh and others Vs. State of Punjab and Another, the proceedings of the aforesaid case is hereby set aside.
The present application is accordingly allowed.
Order Date :- 28.11.2017 S.K.