Court No. - 15
Case :- APPLICATION U/S 482 No. - 43098 of 2018 Applicant :- Virendra And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Surendra Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties.
The present application u/s 482 Cr.P.C., has been filed with the prayer to quash the entire proceedings of Case No. Nil of 2018 (State Vs. Virendra and others) arising out of Case Crime No. 448 of 2018 under Sections 147, 504, 323, 452, 506, 326 IPC, Police Station Tajganj, District Agra pending before the Court of Additional Chief Judicial Magistrate-III, Agra.
Learned counsel for the applicants contended that the matter has been settled amicably between the parties.
Hon'ble Apex Court in Parbatbhai Aahir @ Parbathbai Bhimsinghbhai Karmur and ors Vs. State of Gujarat and anr reported in (2017) 9 SCC 641 has held as follows:-
"16.9. In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice;"
From perusal of the compromise dated 28.8.2018 submitted before the Additional Chief Judicial Magistrate, Court No. 3, Agra, it reflects that the matter has been settled amicably between the parties, therefore, conviction of the applicants is least possible.
Accordingly application under Section 482 Cr.P.C., is allowed and the entire proceeding of Case No. Nil of 2018 (State Vs. Virendra and others) arising out of Case Crime No. 448 of 2018 under Sections 147, 504, 323, 452, 506, 326 IPC, Police Station Tajganj, District Agra pending before the Court of Additional Chief Judicial Magistrate-III, Agra are hereby quashed.
Order Date :- 30.11.2018 Jaswant