HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- APPLICATION U/S 482 No. - 29570 of 2015 Applicant :- Safeena And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- C. K. Jha Counsel for Opposite Party :- Govt. Advocate Hon'ble Ramesh Sinha,J.
Sri C. K. Jha, learned counsel for the applicants has filed a certified copy of the verification dated 16.05.2015, which is taken on record.
Heard Sri C. K. Jha, learned counsel the applicant and Sri Manish Deo, learned A.G.A. appearing for the State and perused the record.
The present 482 Cr.P.C. application has been filed for quashing the the proceeding in Case No. 729 of 2014 (State Vs. Kallu @ Afsar and others), pending in the court of Judicial Magistrate, Aonla, District Bareilly or to stay the further proceeding pending in the court of Judicial Magistrate, Aonla, District Bareilly, in Case No. 729 of 2014 (State Vs. Kallu @ Afser Ali and others) in Case Crime No. 265 of 2014, under Sections 498-A, 308, IPC, Police Station Aonla District Bareilly.
It has been contended by learned counsel for the applicants that the applicants and opposite party nos. 2 and 3 have amicably settled their dispute and entered into a compromise. The applicants have earlier filed Crl. Misc. 482 Cr.P.C. Application No. 15828 of 2015 before another Bench of this Court for quashing the proceedings against the applicants on the basis of said compromise and this Court vide order dated 04.06.2015, has dispose of the said application directing the applicants to appear before the Magistrate concerned, who shall verify the compromise, copy of which has been annexed as annexure no.7 to the affidavit. He submits that in pursuance of the said order, applicants appeared before the court below on which the learned Magistrate verified the compromise entered into between the parties vide order dated 16.07.2015, photocopy of which has been annexed as annexure-9 to the affidavit, hence the proceeding against the applicants be quashed. A certified copy of the order dated 16.07.2015 is produced by the learend counsel for the applicant, today in the Court, which is taken on record.
In support of his contention, the learned counsel for the applicants has placed reliance on the judgment of Apex Court in the case of Manoj Sharma Vs. State, (2008)16 SCC1, Narinder Singh Vs. State of Punjab, (2014) 6 SCC 466 and Yogendra Yadav Vs. State of Jharkhand reported in (2014) 9 SCC 653 and has submitted that since the mater has been compromised between the parties amicably, hence no fruitful purpose would be served if the prosecution of the applicants in the present case is allowed to go on as no grievance is left to the opp. party nos.2 and 3.
Learned counsel for opp. party nos.2 and 3 could not dispute the aforesaid fact as argued by the learned counsel for the applicants and submitted that he has no objection if the proceedings against the applicants of the present case is quashed as the matter has already been settled between the parties.
From the perusal of the record, it is apparent that parties have entered into compromise and have settled their dispute amicably.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties regarding the compromise entered into between the parties and taking into account the legal position as laid down by the Apex Court in the case of Manoj Sharma Vs. State (supra), Narinder Singh Vs. State of Punjab (supra) & Yogendra Yadav Vs. State of Jharkhand (supra) this court in exercise of its inherent power under Section 482 Cr.P.C. can quash the proceedings.
Hence, in view of the above, the entire proceedings of the aforesaid is hereby quashed.
The present 482 Cr.P.C. application stands allowed.
Order Date :- 1.10.2015/VKG