Court No. - 53 Case :- APPLICATION U/S 482 No. - 35582 of 2008 Petitioner :- Rohit Kumar Upadhyaya And Others Respondent :- State Of U.P.And Another Petitioner Counsel :- Sriprakash Dwivedi Respondent Counsel :- Govt. Advocate,A.K.Singh Hon'ble Dasu Ram Azad,J.
( Court No. 53 )
Criminal Misc. Application No. 35582 of 2008
***
Rohit Kumar Upadhyaya & others Vs. State of U.P. and
another.
Hon’ble D.R. Azad, J
Heard learned counsel for the applicants, learned A.G.A. for the
State and perused the material placed on record.
This Criminal Misc. application under Section 482 Cr.P.C. has been
filed with a prayer to quash the proceedings of Criminal Case No.
450 of 2008 ( State Vs. Rohit Kumar Upadhyay and others) under
Sections 323,504, 506 and 307 I.P.C. Police Station Kachhwa District
Mirzapur pending in the Court of IInd Addl. Chief Judicial Magistrate
Mirzapur.
Vide order dated 13.1.2009, this Court was pleased to refer the
matter to the mediation and conciliation centre and it is further
ordered that till then, no coercive steps shall be taken against the
applicants in Criminal Case No. 450 of 2008 ( State Vs. Rohit Kumar
Upadhyay and others) under Sections 323,504, 506 and 307 I.P.C.
Police Station Kachhwa District Mirzapur pending in the Court of IInd
Addl. Chief Judicial Magistrate Mirzapur.
Report of mediation and conciliation centre dated 29.5.2009 has
been filed before this Court alongwith Second Supplementary
Affidavit dated 28.1.2010. The report dated 29.5.2009 clearly
indicates that parties have entered into compromise and there is no
dispute and differences between the parties and all disputes and
differences have been amicably settled by the parties through the
process of mediation and conciliation .
Learned counsel for the applicants placed reliance on the
observations made by the Apex Court in the case of B.S. Joshi Vs.
State of Haryana and another, reported in 2003 (46) A.C.C. 779
S.C. and in the case of Ruchi Agrawal Vs. Amit Kumar Agrawal
and others, reported in 2004 (3) J.I.C.769 S.C.. The Hon’ble Apex
Court quashed the proceedings of criminal case on the basis of the
compromise filed between the parties mainly on the ground that no
lawful purpose would be served by continuance of the proceedings
between the parties.
In view of the above decisions of the Hon’ble Apex Court, the
proceedings of Criminal Case No. 450 of 2008 under Sections
323,504, 506 and 307 I.P.C. Police Station Kachhwa District
Mirzapur pending in the Court of IInd Addl. Chief Judicial Magistrate
Mirzapur, is hereby quashed.
Learned counsel for the applicant is directed to produce certified
copy of this order before the IInd Addl.Chief Judicial Magistrate,
Mirzapur for information and its compliance within a period of 15 days
from the date a certified copy of this order is issued to him.
With the aforesaid direction, this application is disposed of finally.
Dt: 29.1.2010
n.u.
Leave a Reply