Ashok Sonkar And Another vs State Of Up And Another
2019 Latest Caselaw 700 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- APPLICATION U/S 482 No. - 8887 of 2019
 

 
Applicant :- Ashok Sonkar And Another
 
Opposite Party :- State Of Up And Another
 
Counsel for Applicant :- Madhava Nand Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Sri Sunil Kumar Singh, learned counsel filed Vakalatnama along with affidavit 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 and learned A.G.A. for the State.

The present application U/S 482 Cr.P.C. has been filed for quashing the charge-sheet dated 13.5.2017 submitted in Case Crime No. 287 of 2016, under section 354, 352, 504, 506 IPC, P.S. Sigra, District Varanasi.

Learned counsel for the applicants contend that the matter has been compromised between the parties and compromise deed dated 28.12.2018 has been filed as Annexure-3 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 28.12.2018, 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 :- 7.3.2019

Masarrat