- (1.) Learned counsel for the applicants is directed to make necessary correction in prayer clause of this application during the course of the day Short counter affidavit has been filed on behalf of the opposite party no. 2, 3 and 4 in Court today, which is taken on record.
(2.) Heard Mr. Rajeev Kumar Singh Parmar, learned counsel for the applicants, Mr. Sunil Kumar Dwivedi, learned counsel for the opposite party no. 2, 3 and 4 and learned A.G.A. for the State.
(3.) This application under Section 482 Cr.P.C. has been filed to quash the charge sheet dated 31.07.2019 entire proceedings of Case No. 760 of 2019 (State Vs. Surendra Singh and another), arising out of Case Crime No. 0145 of 2019, under Sections 323, 504, 506, 308 I.P.C., Police Station - Bela, District - Auraiya, pending in the court of learned Judicial Magistrate, District Auraiya. Learned counsel for the applicants submits that the dispute between the parties was purely civil and private in nature. The FIR came to be lodged by the opposite party no. 2 owing to some misunderstanding and misgivings between the parties and not on account of any real occurrence as alleged. It is further argued that there never was any criminal intent on part of the applicants nor any criminal offence as alleged had ever occurred. There are no injuries and at present, the parties to the dispute who are related to each other, have resolved their differences and made peace. Learned counsel for the applicants further submits that in view of the settlement reached between the parties, the applicant no. 1 - Surendra Singh and opposite party no. 2, namely, Harendra Singh, opposite party no. 3, namely, Maan Singh and opposite party no. 4, namely, Anar Singh are present before this Court to certify the same. He pray another chance be given to them to develop and experience normal relationship. The continuance of the criminal trial may in fact hamper the otherwise good chance of the parties enjoying a normal relationship. In such changed circumstances, the opposite party no. 2 does not wish to press charges against the applicants. 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. He has also drawn attention of the Court to the joint affidavit on behalf of both the parties in which it has been stated that the compromise has entered into between the parties outside the court with the presence of some respective persons and now both the parties having no grievances with each other and are living peacefully. ;