ADITYA KUMAR GAUTAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Vakalatnama as well as joint compromise affidavit sworn by the applicant and opposite party no.2 filed by Sri Gagan Mohan, Advocate appearing on behalf of opposite party no.2 today in the Court is taken on record.

(2.) The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of criminal case of Special Sessions Trial No.373 of 2019 (State Vs. Shailendra@Sheetu and others, cognizance order dated 14.11.2019 passed by the Special Judge, SC/ST Act, Aligarh on the charge sheet no.331 of 2019 dated 09.10.2019 in case crime no.0334 of 2019 under sections 323 IPC and and Section 3(2)5A of SC/ST Act, Police Station-Gandhi Park, District-Aligarh.

(3.) Submission made by learned counsel for the applicants is that the parties have come to terms and have buried their differences and disputes. The applicants are parent and brother of the prime accused-Shailendra@Sheetu. A perusal of the 164 Cr.P.C. statement of the victim shows that the victim was married to the prime accused-Shailendra@Sheetu and she developed relationship with him. She was subjected to physical assault by the prime accused. Resultantly, baby daughter-Arushi was born out of this relationship. The prime accused-Shailendra is languishing in jail and he has given an affidavit denying the fact that the applicants have got any role in the commission of offence. Therefore, no useful purpose would be served to keep the matter alive and pending. This fact of compromise has been confirmed and nodded in affirmative by the counsel for the opposite parties and has been jointly submitted that there would be no harm and error it would be the interest of justice that the proceedings may be quashed in the light of the compromise.