Allahabad High Court
Satender Bhardwaj And 3 Others vs State Of U.P. And Another on 26 September, 2019
Author: Vipin Sinha
Bench: Vipin Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 51 Case :- APPLICATION U/S 482 No. - 4077 of 2017 Applicant :- Satender Bhardwaj And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohit Kumar Singh Counsel for Opposite Party :- G.A.,Adesh Kumar Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicants, learned counsel for the complainant and learned AGA for the State.
This application has been filed with the prayer to quash the charge sheet dated 09.08.2016, case crime no. 682 of 2016, under Section 323/506 IPC and 3(1)(10) SC/ST Act, P.S. Phase -3 Noida, District Gautambudh Nagar.
It may be appreciated that there is a joint affidavit file in respect of the present application. The affidavit is that of Raj Kumar opposite party no. 2 and Satender Bahadur applicant no. 1. The applicant no. 1 has filed affidavit on behalf of all the applicants.
On 08.02.2017 an interim order was passed by another bench of this Court:-
"It is contended by the learned counsel for the applicant that the a compromise has been entered between the parties. It is thus, argued that the since the matter has been compromised between the parties, therefore, continuance of the present proceedings against the applicant is bad in law.
Let the said compromise be filed before the Chief Judicial Magistrate, Gautam Budh Nagar, within a period of 15 days from today, for verification, which may be verified within a period of three months, after issuing notices to both the parties, the, under intimation to this Court.
Sri Adesh Kumar, learned counsel counsel for the opposite party no.2 may also file counter affidavit within the aforesaid period."
On 25.09.2019 a supplementary affidavit has been filed with the contention that compromise affidavit was filed before the lower court and same has been verified, copy of which has been annexed as SA-1, which has been perused by this Court.
Thus, on the joint request of the learned counsel for the parties that the present application may be allowed in terms of the compromise and in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in (2012) 10 SCC, 303; Gian Singh Vs. State of Punjab and 2014 AIR SCW 2065; Narinder Singh and others Vs. State of Punjab and Another, the proceedings of the aforesaid case is hereby set aside.
The present application is allowed as prayed.
Order Date :- 26.9.2019 Ujjawal