Surendra Kumar Rai And Another vs State Of Up And Another
2019 Latest Caselaw 1003 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- APPLICATION U/S 482 No. - 8912 of 2019
 

 
Applicant :- Surendra Kumar Rai And Another
 
Opposite Party :- State Of Up And Another
 
Counsel for Applicant :- Raghvendra Prakash
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Sri Vipul Kumar Singh, learned counsel has filed Vakalatnama on behalf of opposite party no. 2, is taken on record.

Heard learned counsel for the applicants, learned counsel for the opposite party no.2 as well as learned A.G.A. for the State and perused the record.

The present application U/S 482 Cr.P.C. has been filed for setting aside/quashing the charge-sheet dated 7.1.2015 as well as further proceedings of Case No. 1611 of 2019 (State Vs. Surendra Kumari Rai and another) arising out of Case Crime No. 252 of 2014, under section 323, 504, 506 IPC and 3(1)10 SC/ST Act, P.S. Bardah, District Azamgarh pending in the court of Judicial Magistrate, Azamgarh.

Learned counsel for the applicants contend that the matter has been compromised between the parties and compromise deed dated 25.9.2018 has been filed as Annexure-5 to the affidavit accompanying the 482 Cr.P.C. application. It is thus contended that the dispute has been settled between the parties. Learned counsel for the applicants has placed reliance on the judgement of Apex Court in the case of Manoj Sharma Vs. State, (2008)16 SCC1, Narinder Singh Vs. State of Punjab, (2014) 6 SCC 466, Yogendra Yadav Vs. State of Jharkhand (2014) 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, therefore, the present case be finally decided.

Learned counsel for the opposite party no.2 also states that the dispute has been amicably settled between the parties and that the opposite party no.2 does not want to proceed further with the matter.

In view of the fact that the parties do not want to pursue the case any further as stated by them and as the matter is purely of personal nature, which has been mutually settled between the parties, in view of the compromise dated 14.2.2019, therefore, no useful purpose would be served in proceeding with the matter further.

Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana, 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), Nikhil Merchant Vs. Central Bureau of investigation and another,J.T., 2008(9) SC 192 the proceedings of the aforesaid case is hereby set aside.

The present application is accordingly allowed.

Order Date :- 12.3.2019

Masarrat