Allahabad High Court
Roop Kishore Seth And Another vs State Of U.P. And Another on 20 November, 2019
Author: Rajul Bhargava
Bench: Rajul Bhargava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 66 Case :- APPLICATION U/S 482 No. - 9161 of 2013 Applicant :- Roop Kishore Seth And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Uday Shankar Tiwari,Amit Khanna Counsel for Opposite Party :- Govt. Advocate,Krishna Kant Dwivedi Hon'ble Rajul Bhargava,J.
Head Sri Amit Khanna, learned counsel for the applicant, Sri Krishna Kant Dwivedi, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and perused the material available on record.
The present application under Section 482 Cr.P.C. has been filed for quashing the Charge-sheet No.189 of 2012 dated 4.8.2012 as well as entire proceedings of Case No. 4299 of 2012 (State Vs. Roop Kishore and others), under Sections 419, 420, 467, 468, 469, 471, 120-B, 506 I.P.C., P.S. Nawabad, District Jhansi, pending in the court of Chief Judicial Magistrate, Jhansi.
Learned counsel for the applicants has argued that the dispute between the parties is in respect of execution of unregistered agreement to sale and consequently the applicants did not fulfil their commitment by executing the sale deed in favour of opposite party no.2. Learned counsel for the parties have filed compromise application along with a joint affidavit of applicant no.1 and opposite party no.2 in which it is stated that they have settled all their differences even towards money exchanged between the them and now there is no dispute between the applicants and opposite party no.2. Therefore, prayer for disposing of the present matter in terms of the comprise between the parties dated 3.5.2017 annexed as Annexure-1 to the compromise affidavit.
Learned counsel for opposite party no.2 has submitted that since both the parties have settled their dispute amicably and opposite party no.2 does not want to prosecute the applicant any more and has no objection, if the impugned Charge-sheet No.189 of 2012 dated 4.8.2012 as well as entire proceedings of Case No. 4299 of 2012 (State Vs. Roop Kishore and others), under Sections 419, 420, 467, 468, 469, 471, 120-B, 506 I.P.C., P.S. Nawabad, District Jhansi, pending in the court of Chief Judicial Magistrate, Jhansi are quashed in exercise of inherent power under Section 482 Cr.P.C.
I have heard learned counsel for the parties and perused the averments made in the first information report which transpires that the dispute between the parties is essentially a private one and they have settled their dispute and differences amicably.
Therefore, in view of the law laid down by the Hon'ble Apex Court in the case of B.S. Joshi vs State of Haryana (reported in 2003(4) SCC 675) as well as in the case of Gyan Singh vs State of Punjab (reported in SCC 2012, Vol. 10, Page 303), the aforesaid proceedings are hereby quashed Criminal Misc. Application under Section 482 Cr.P.C., accordingly, stands allowed.
Order Date :- 20.11.2019 Vikas