Vivek v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 9074 of 2021 Applicant :- Vivek Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harishchandra Dubey Counsel for Opposite Party :- G.A.,Anil Kumar Tripathi

Hon'ble Syed Aftab Husain Rizvi,J.

Heard learned counsel for the applicants, learned counsel for the opposite party no.2, learned A.G.A. for the State and perused the material on record.

The present application under Section 482 of the Code of Criminal Procedure has been filed for quashing the charge-sheet dated 18.12.2019 filed in criminal case no.883 of 2020 (State vs. Vivek Kumar & ors) as well as cognizance dated 29.07.2020 arising out of case crime no.501 of 2019 under sections 498A, 323, 506 IPC & Section 3/4 D.P. Act, P.S. Sheohara, District Bijnor pending in the court of ACJM-I, Bijnor.

The opposite party no.2 lodged an FIR case crime no.501 of 2019 under sections 498A, 323, 313, 328, 506 IPC Section 3/4 D.P. Act, P.S. Sheohara, District Bijnor against the applicant. After submission of charge-sheet, learned Magistrate has taken cognizance.

It is submitted that during the course of proceedings, the parties have reconciled their differences and the compromise has been entered between them which has been produced in writing. The opposite party no.2 has acknowledged the aforesaid facts. Vide order dated 28.09.2021 parties were directed to appear before the court below and permitted to file an application for verification of the original compromise deed. In compliance of the aforesaid order, the parties have appeared before the court below and the court below has verified the compromise and have submitted its report vide letter/ report dated 08.11.2021. Both the parties are agreed that in terms of the compromise the proceeding of case be terminated and the entire proceedings be quashed.