IMRAN Vs. STATE OF U.P.

JUDGEMENT

(1.) The applicant by means of this application under Section 482 Cr.P.C. has invoked the inherent jurisdiction of this Court with prayer to permit him to withdraw the Complaint Case No.329/2017, Imran Vs. Shahnawaj and Anr. Under Sections 427 , 504 and 506 I.P.C. P.S.Babugarh, District-Hapur, pending in the Court of Civil Judge, (Junior Division)/F.T.C., Hapur. Prayer has also been made to quash the summoning order dated 23.6.2015, passed by Civil Judge, (Senior Division) IInd/Additional Chief Judicial Magistrate, Hapura and the order dated 29.7.2017, passed by the Court of Civil Judge (Junior Division)/F.T.C., Hapur, whereby the withdrawal application moved by the applicant before the court below has been rejected.

(2.) Heard learned counsel for the applicant and the learned A.G.A. Perused he record.

(3.) Learned counsel for the applicant has submitted that the applicant is the complainant in the aforesaid case. He had lodged a complaint against the O.P. Nos.2 and 3, under Sections 427 , 504 and 506 of I.P.C. in pursuance of which the O.P. Nos.2 and 3 had been summoned under the aforesaid sections by the learned Magistrate. Later on, the dispute between the parties was amicably settled outside the court, therefore, the applicant, now does not want to press the complaint filed by him. It is further submitted that the applicant had moved an application for withdrawal of the complaint before the court below, but the learned Magistrate vide the impugned order dated 29.7.2017, rejected his application. Learned counsel has submitted that as the dispute between the parties has been amicably settled, no useful purpose would be served in keeping between them a criminal complaint case pending, moreover the valuable time of the court will be wasted, in conducting the trial as the chances of conviction are remote. Therefore, it has been prayed that the impugned summoning order dated 23.6.2015 and the order dated 29.7.2017, whereby the withdrawal application of the applicant has been rejected, be set-aside and the applicant be permitted to withdraw the complaint case filed by him.