JUDGMENT :

Shamim Ahmed, J.

1. Heard Sri Raghubir Singh, learned counsel for the applicants, Sri Ashutosh Pandey, learned counsel for the opposite party No. 2 as well as learned A.G.A. for the State and perused the record.

2. This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings in Complaint Case No. 11639 of 2019 (Smt. Sweta Agrawal vs. J.R. Associate and Others), under Section 138 Negotiable Instrument Act P.S. Shahganj District Agra pending in the Court of Additional Judicial Magistrate, Court No. 3, Agra.

3. This Court vide order dated 3.9.2021 passed the following order:

''Shri Raghubir Singh, learned counsel for the applicants submits that his client is ready to pay the cheque amount of Rs. 1.5 lacs to opposite party No. 2 by way of bank draft before this Court. Shri Ashutosh Pandey, learned counsel for opposite party No. 2 has no objection to accept the cheque amount of Rs. 1,50,000/- by way of bank draft before this Court.

Learned AGA has also no objection if the parties enter into a settlement and matter is finally decided by this Court.

As jointly prayed by the learned counsel for the parties, put up this case as fresh on 9.9.2021 to enable the learned counsel for the applicants to bring a draft of Rs. 1.50 lacs before this Court so that the same may be handed over to the counsel for opposite party No. 2.''

4. In compliance of the order dated 3.9.2021 passed by this Court, Sri Raghubir Singh learned counsel for the applicants has brought a draft of Rs. 1,50,000/- issued on 8.9.2021 in favour of Sweta Agarwal bearing No. 010987 today before this Court.

5. Sri Ashutosh Pandey, learned counsel for opposite party No. 2 has submitted that opposite party No. 2 Smt. Sweta Agrawal is ready to accept the draft of Rs. 1,50,000/- which is also the cheque amount and now she is not interested to pursue the case i.e. Complaint Case No. 11639 of 2019 filed under Section 138 Negotiable Instrument Act P.S. Shahganj District Agra pending in the Court of Additional Judicial Magistrate, Court No. 3, Agra and therefore, the proceedings of the aforesaid case may be quashed by this Court.

6. Considering the arguments as advanced by learned counsel for the parties and the statement given by learned counsel for opposite party No. 2, a draft of Rs. 1,50,000/- is being handed over to the learned counsel for opposite party No. 2 today by the learned counsel for the applicants in Court and a photostat copy of the same is being kept in the file of this case as well as in the file of learned AGA.

7. Learned AGA has submitted that since the parties have entered into compromise and the cheque amount has been paid by way of bank draft, therefore, no useful purpose would be served if the proceedings of the aforesaid case go on further.

8. Learned counsel for the parties has drawn the attention of this Court and placed reliance on the judgment of the Hon'ble Apex Court in support of their case:

(i) B.S. Joshi vs. State of Haryana and Others, 2003 (4) ACC 675

(ii) Gian Singh vs. State of Punjab, 2012 (10) SCC 303

(iii) Dimpey Gujral vs. Union Territory through Administrator, 2013 (11) SCC 697

(iv) Narendra Singh and Others vs. State of Punjab and Others, 2014 (6) SCC 466

(v) Yogendra Yadav and Others vs. State of Jharkhand, 2014 (9) SCC 653

9. Summarizing the ratio of all the above cases the latest judgment pronounced by Hon'ble Apex Court in the case of Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Others vs. State of Gujarat and Another, (2017) 9 SCC 641 and in paragraph No. 16, the Hon'ble Apex Court has summarized the broad principles with regard to exercise of powers under Section 482 Cr.P.C. in the case of compromise/settlement between the parties which emerges from precedent of the subjects as follows:

"i. Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any Court or to secure the ends of justice. The provision does not confer new powers. It only recognizes