USHA GUPTA Vs. AMIR CHAND

JUDGEMENT

(1.) THIS petition has been filed under Section 482 Cr.P.C. for quashing the complaint Annexure P-1 dated 28.9.1999 filed by respondent under Sections 298/504 IPC and Section 3(x) of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act, 1989 pending in the court of leaned Additional Chief Judicial Magistrate, Ferozepur and for quashing the summoning order Annexure P-2 passed by the learned Additional Chief Judicial Magistrate, Ferozepur together with the subsequent proceedings, on the ground that the entire matter has been settled between the parties by way of compromise. In paragraph 7, it is stated that the matter has been settled after the intervention of the respectables and officials of the department in which both the petitioner and the respondent was working. Now the complainant has no grudge against the petitioner and he himself wants to withdraw the complaint filed by him against the petitioner. Since both the petitioner and the respondent was working in the same department/hospital, both the parties have amicably settled the dispute. In paragraph 8 of the petition, the case of Shankuntla Sahni v. Kaushalya Sahni, 1980(1) S.C.C. 63 has been cited in support of the submission that the compromise ought to be encouraged by the Court. The complainant has given an affidavit which has been duly attested by the Notary Public to the effect that he has reached a compromise with the petitioner. Copy of the affidavit has been attached as Annexure P-3 to the petition.

(2.) ON the last date of hearing, the parties were directed to be present in Court. The complainant is present in Court. He has stated that the matter has been settled without any undue influence or coercion. He has stated that the matter has been settled by way of compromise voluntarily. He has further stated that in view of the compromise, he does not wish to continue with the complaint.