Court No. - 55
Case :- APPLICATION U/S 482 No. - 45960 of 2018 Applicant :- Wasi Ahmad And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Bashisth Narain Pandey Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Sri Parmatma Prasad Pandey, Advocate has filed Vakalatnama on behalf of opposite party no. 2 today in court, which is taken on record.
Heard learned counsel for the applicants, learned AGA for the State and Sri Parmatma Prasad Pandey, learned counsel for opposite party no. 2.
The present application under section 482 Cr.P.C. has been filed for quashing the entire proceedings as well as summoning order dated 02.03.2017 passed by J.M./Civil Judge (J.D.), Sant Kabir Nagar in Complaint Case No. 176 of 2016 (Noorsaba Vs. Wasi Ahmad and others), under Sections 498A I.P.C. and 3/4 Dowry Prohibition Act, Police Station Mahuli, District Sant Kabir Nagar.
Learned counsel for the applicants submitted that compromise has been entered into between the applicants and the respondent no. 2. A compromise agreement regarding compromise has been filed before the District and Sessions Judge, Sant Kabir Nagar which is annexed as Annexure-6 to the affidavit filed in support of the application. Learned counsel for the applicants states that the matter has been compromised and the opposite party no. 2 do not want to pursue the matter any further as the matter has been amicably settled between the parties, therefore, the present case is finally decided.
Sri Parmatma Prasad Pandey, learned counsel for opposite party no. 2 has supported the case of the applicants. It is clearly stated that if the proceedings initiated against applicants in aforesaid case is quashed by the court, opposite party no. 2 has no objection.
In view of above, the applicants and respondents 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 Burea 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 of the aforesaid case is hereby quashed.
The present application is, accordingly, allowed. Order Date :- 20.12.2018 Rmk.