Court No. - 71
Case :- APPLICATION U/S 482 No. - 11898 of 2019
Applicant :- Mangesh Kumar Yadav And 3 Ors
Opposite Party :- State Of Up And Another
Counsel for Applicant :- Vikas Srivastava,Vishal Srivastava
Counsel for Opposite Party :- G.A.,Ashok Kumar Yadav
Hon'ble Ajit Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Special Trial No. 16 of 2019, arising out of Case Crime No.0152 of 2018, under Sections 323, 504 I.P.C. and Section 3(1)(Da)& 3(1)(Dha) of SC/ST Act, Police Station Barsathi, District Jaunpur, pending in the court of Additional District and Sessions Judge, Dwitiya, Jaunpur on the ground of parity.
Learned counsel for the applicants submits that the the parties have entered into a compromise and have settled their dispute amicably in writing.
In the above regard, a written compromise has been entered into between the parties, a copy of the same has been annexed with the supplementary affidavit. They have filed a joint affidavit, which has been annexed on page 6 of the application.
Sri Ashok Kumar Yadav, learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. In fact, supplementary affidavit filed today discloses that the compromise has been entered into between the parties. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashed.
Paragraph nos. 5 and 9 of the said joint affidavit read as under:
"5. That during the span of time, some reputed persons tried to settle the dispute. Both parties without any pressure entered into compromise but during this charge sheet has been submitted by I.O. and learned concern Court below has taken cognizance on 10.01.2019 and summoned hte applicants.
9. That the deponents did not want to run the above noted case against each other. Due to this reason present Criminal Misc. Application is being filed before this Hon'ble Court quashing of the above noted case."
Learned counsel for the applicants in support of his contention has placed reliance on the judgments of Apex Court in the case of Narinder Singh vs. State of Punjab reported in (2014) 6 SCC 466, Yogendra Yadav vs. State of Jharkhand reported in (2014) 9 SCC 653Parbatbhai Aahir Vs. State of Gujarat reported in (2017) 9 SCC 641 and has submitted that the applicant and opposite party no.2 have settled through compromise their private and civil dispute and as such opposite party no.2 does not wish to press the aforesaid case against the applicants. Opposite party no.2 is ready to withdraw the prosecution of the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on.
From 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. Taking all these factors into consideration cumulatively, the compromise between parties be accepted and further taking into account the legal position as laid down by the Apex Court in the case of Narinder Singh vs. State of Punjab (supra), Yogendra Yadav vs. State of Jharkhand (supra) and Parbatbhai Aahir Vs. State of Gujarat (supra) the entire proceedings of the aforesaid case is hereby quashed.
The present 482 Cr.P.C. application stands allowed. Order Date :- 29.4.2019 Mini