Criminal court allowed a compromise application under Section 482 CrPC, quashing pending proceedings arising from a dispute involving monetary debt where the applicant had paid the due amount.
Proceedings in Case No. 164/11/2004 under section 406 IPC are quashed.
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Court No. - 14
Case :- APPLICATION U/S 482 No. - 496 of 2006
Applicant :- Arun Kumar Saxena Opposite Party :- Smt. Alka Tyagi & Another Counsel for Applicant :- Y.S. Saxena Counsel for Opposite Party :- Govt. Advocate,P K Tripathi
Hon'ble Abhai Kumar,J.
The learned counsel for the parties are present.
Heard the learned counsel for the parties upon the compromise application.
A joint compromise is being moved on behalf of the parties that the applicant has already paid the whole due amount to O.P. No. 1 and now O.P. No. 1 has no grievance left. A supplementary affidavit is also filed along-with the receipt of the deposit of the money in this regard. It is also the submission of the learned counsel for O.P. No. 1 that the amount has been received by O.P. No. 1.
Seeing the facts and circumstances of the case and in view of the compromise agreed between the parties, no fruitful result will be achieved by continuing the proceedings before the trial court concerned.
Seeing the fact that O.P. No. 1 has already been given due amount and no grievance is left to O.P. No. 1, proceedings of the trial court is liable to be quashed.
Accordingly the petition is allowed and the proceedings in Case No. 164/11/2004( State Vs. Arvind Kumar and others) under section 406 I.P.C. P.S. Inchauli, district Meerut pending in the court of Chief Judicial Magistrate, Meerut is hereby quashed.
Order Date :- 4.4.2018/N.A.
1 provisions across 1 enactments
Arun Kumar Saxena
Smt. Alka Tyagi
Abhai Kumar
As recorded by the court registry
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