Court No. - 12
Case :- APPLICATION U/S 482 No. - 42416 of 2018 Applicant :- Yogeshraj And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Kumar Chaurasia Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Sri Ravi Prakash has filed his vakalatnama on behalf of opposite party no. 2 along with counter affidavit today in Court, which is taken on record.
Heard learned counsel for the applicants, learned AGA for the State and Sri Ravi Prakash, learned counsel for opposite party no. 2.
The present application under section 482 Cr.P.C. has been filed for quashing the entire proceedings along with charge sheet dated 17.5.2017 in Case No. 1418 of 2017, arising out of Case Crime No.0111 of 2016, under Sections 498A, 323, 504, 506 IPC and 3/4, Police Station Mahila Thana, District Agra pending in the Court of A.C.J.M.-V, Agra.
Learned counsel for the applicants has submitted that both the parties have entered into compromise and in support thereof, copy of the said compromise agreement dated 14.5.2017 has been annexed as Annexure-3 to the present application. He further submitted that this compromise has taken place before filing of charge sheet even though charge sheet has been filed. He further submits that both parties are living together peacefully having two children.
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 present case may be finally decided.
Sri Ravi Prakash, learned counsel for opposite party no. 2 has not disputed the said fact and in the counter affidavit, he has accepted that the disputes have been amicably settled between the parties and opposite party no. 2 does not want to press the criminal proceedings against the applicant as they are living happily together, 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 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 :- 29.11.2018 Arvind