Court No. - 80
Case :- APPLICATION U/S 482 No. - 26899 of 2021 Applicant :- Abhimanyu Singh Badgujar And 2 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Piyush Sinha,Chandan Sharma Counsel for Opposite Party :- G.A.,Syed Imran Ibrahim
Hon'ble Rajiv Gupta,J.
Counter affidavit filed on behalf of opposite party No. 2 today in Court is taken on record.
Heard learned counsel for the applicant, learned AGA for the State, Shri Syed Imran Ibrahim, learned counsel for the opposite party no. 2 and perused the record.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the entire criminal proceedings of Criminal Case No. 369 of 2019 (State Vs. Abhimanyu Singh Badgujar) arising out of Case Crime No. 138 of 2017, under Sections 498- A, 323, 504, 506, 406, 325 IPC, Police Station- Mahila Thana Noida, District- Gautam Budh Nagar, pending in the court of Civil Judge (Senior Division)/F.T.C., Gautam Budh Nagar.
Learned counsel for the applicants has submitted that opposite party No. 2 is the wife of applicant No. 1 and on account of matrimonial discord, instant criminal proceedings has been initiated by opposite party no.2 against the applicants, however subsequently, the dispute was referred to the mediation centre of this Court for mediation between the parties vide order dated 12.2.2021. Pursuant to the said order, the parties appeared before for the mediation centre and settled all their disputes and differences and a settlement-agreement dated 2.12.2021 has been drawn between the parties, a copy of which has been annexed as Annexure No. CA-1 of the counter affidavit.
Learned counsel for the applicants has next submitted that in view of the compromise made between the parties, entire proceedings, initiated against the applicants, be quashed.
Learned counsel for the opposite party no.2 has also appeared and filed an affidavit on behalf of opposite party No. 2 and in paragraph Nos. 8, 9 and 10, the settlement-agreement dated 2.12.2021 has been acknowledged. It has been further stated that in view of the compromise made between the parties, she does not want further pursue the present case and she has no objection if the entire criminal proceedings, initiated against the applicants, are quashed.
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.
Wherein 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 case.
Accordingly, the entire proceedings of Criminal Case No. 369 of 2019 (State Vs. Abhimanyu Singh Badgujar) arising out of Case Crime No. 138 of 2017, under Sections 498-A, 323, 504, 506, 406, 325 IPC, Police Station- Mahila Thana Noida, District- Gautam Budh Nagar, pending in the court of Civil Judge (Senior Division)/F.T.C., Gautam Budh Nagar, are hereby quashed.
This application under Section 482 CrPC is accordingly allowed. There shall be no order as to costs.
Order Date :- 20.12.2021 KU