MAHENDRA SINGH Vs. STATE OF U.P.
LAWS(ALL)-2020-8-24
HIGH COURT OF ALLAHABAD
Decided on August 05,2020

MAHENDRA SINGH Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

- (1.) Shri Sukesh Kumar, Advocate filed his Vakalatnama along with short counter affidavit sweared by opposite party no.2 namely Manish Kumar, which 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. 1. The present application under Section 482 Cr.P.C. has been filed seeking the quashing of the charge sheet No.01 of 2019 dated 14.7.2019 as well as entire proceeding of Criminal Case No.6421 of 2019 ( State vs. Chote and others ) arising out of Case Crime No.602 of 2018, under Sections 402 , 467 , 468 , 471 , 506 I.P.C., Police Station-Bahjoi, District-Sambhal, pending in the court of learned Additional Chief Judicial Magistrate, Chandausi, District Sambhal.
(2.) Learned counsel for the applicants submitted that the parties have come to terms and have buried their differences and disputes. Therefore, no useful purpose would be served to keep the matter alive and pending. Learned counsel for the applicants has drawn my attention to paragraphs 4 and 5 of the short counter affidavit, wherein the opposite party no.2 has categorically stated that the parties have entered into compromise and have sorted out their differences and disputes. It has been contended by the counsel that besides the present criminal case there are two suits pending between the same parties which were decided in terms of compromise dated 09.10.2019. It has been stated by the counsel that the opposite party no.2 did not want to contest the matter any more against the applicants. This fact of compromise has been confirmed and nodded in affirmative by the counsel for the opposite parties and has been jointly submitted that there would be no harm and error and would be in the interest of justice that the proceedings may be quashed in the light of the compromise.
(3.) Learned counsel for the applicants has drawn my attention to the relevant paragraphs of judgments:- (i) B.S. JOSHI VS. STATE OF HARYANA AND OTHERS 2003 (4) ACC 675. (ii) GIAN SINGH VS. STATE OF PUNJAB 2012 (10) SCC 303. (iii) DIMPEY GUJRAL AND OTHERS VS. UNION TERRITORY THROUGH ADMINISTRATOR 2013 (11) SCC 697. (iv) NARENDRA SINGH AND OTHERS VS. STATE OF PUNJAB AND OTHERS 2014 (6) SCC 466. (v) YOGENDRA YADAV AND OTHERS VS. STATE OF JHARKHAND 2014 (9) SCC 653. ;


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