Allahabad High Court
Mukesh Gupta And 2 Others vs State Of U.P. And Another on 6 October, 2015
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 53
Case :- APPLICATION U/S 482 No. - 29899 of 2015
Applicant :- Mukesh Gupta And 2 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Saurabh Gour,A. B. L. Gour
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Ramesh Sinha,J.
Heard Sri A.B.L. Gour, learned Senior Advocate, assisted by Sri Saurabh Gour, learned counsel for the applicants, and Sri Awadesh Saxena, learned AGA appearing for the State and perused the record.
By means of the present application under Section 482 Cr.P.C., the applicants have prayed for quashing the entire proceedings of Case No. 525 of 2008 (State Vs. Mukesh Gupta & others), under Sections 323, 341, 506 IPC, Police Station Sector 20, Noida, District Gautambudh Nagar, arising out of Case Crime No. 752 of 1991, pending in the Court of Judicial Magistrate, Gautambudh Nagar, in pursuance of the order dated 10.09.2015, passed by the Civil Judge (Senior Division)/Judicial Magistrate, Gautambudh Nagar.
It has been contended by learned counsel for the applicants that the applicants and opposite party no. 2 have amicably settled their dispute and entered into a compromise. The applicants have earlier filed Crl. Misc. 482 Cr.P.C. Application No.23353 of 2015 before this Court for quashing the proceedings against the applicants on the basis of said compromise and this Court vide order dated 11.08.2015, 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.5 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 10.09.2015, copy of which has been annexed as annexure-7 to the affidavit, hence the proceeding against the applicants be quashed.
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 no.2.
Learned counsel for opp. party no.2 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 :- 6.10.2015
VKG
