Court No. - 42
Case :- APPLICATION U/S 482 No. - 22892 of 2019 Applicant :- Aamir Rasadi Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Raghvendra Prakash Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Vakalatnama filed by Shri Akhilesh Mishra on behalf of the opposite party no.2 is taken on record.
This application under Section 482 Cr.P.C. has been filed to quash thecharge sheet dated 10.2.2010 in case no. 1768 of 2010 in connection with case crime no. 217 of 2009 under sections 406, 420, 323, 504, 506 I.P.c. P.S. Kotwali District Azamgarh pending in the court of C.J.M. Azamgarh The argument is that the parties have entered into compromise, as per averment made in para 11 of the affidavit, filed in support of this application.
Shri Akhilesh Mishra, learned counsel for the opposite party no.2 stating that the parties have entered into compromise and do not want to proceed with the present case.
This Court is not unmindful of the judgements of the Apex Court in the cases of:
1. B.S. Joshi and others Vs. State of Haryana and another (2003)4 SCC 675
2. Nikhil Merchant Vs. Central Bureau of Investigation[2008)9 SCC 677]
3. Manoj Sharma Vs. State and others ( 2008) 16 SCC 1,
4. Gian Singh Vs. State of Punjab (2012) 10 SCC 303
5. Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466.
In the aforesaid cases, the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. And another [2013 (83) ACC 278] in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.
Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned complaint case.
Accordingly, the proceedings of the aforesaid Case are, hereby, quashed.
The application is, accordingly, allowed. There shall be no order as to costs Order Date :- 24.6.2019 Atul kr. sri.