Citation : 2021 Latest Caselaw 3963 ALL
Judgement Date : 18 March, 2021
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- APPLICATION U/S 482 No. - 4939 of 2021 Applicant :- Arun Singh Chauhan And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Jeet Singh Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.
Sri V.S. Sisodia, advocate has put in appearance on behalf of opposite party no. 2 and filed vakalatnama as well as counter affidavit today, both are taken on record.
Heard learned counsel for the applicants, learned AGA and Sri V.S. Sisodia, learned counsel for opposite party no. 2.
The present application under section 482 Cr.P.C. has been filed for quashing the summoning order dated 24.08.2020 as well as entire proceedings along with charge sheet dated 3.7.2020 in Criminal Case No. 803 of 2020 (State Vs. Arun Singh Chauhan and others) arising out of Case Crime No.0194 of 2017, under Sections 498A, 504, 406, 494 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District Agra pending in the Court of Judicial Magistrate, Court No. 2, Agra.
Learned counsel for the applicants submitted that both the parties have entered into compromise from outside the Court and opposite party 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 V.S. Sisodia, learned counsel for opposite party no. 2 has not disputed the said fact and submitted that the disputes have been amicably settled between the parties, 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 opposite party 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 :- 18.3.2021
Arvind
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