Court No. - 75
Case :- APPLICATION U/S 482 No. - 21127 of 2018 Applicant :- Ali Raza Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sharique Ahmed Counsel for Opposite Party :- G.A.,Mir Sayed
Hon'ble Rajiv Gupta,J.
Learned counsel for the applicant has filed supplementary affidavit today in the Court, which is taken on record.
Learned counsel for Opposite Party No.2 has filed short counter affidavit today in the Court, which is also taken on record.
Heard Shri Sharique Ahmed, learned counsel for applicant, learned AGA for the State, Shri Mir Sayed, learned counsel for Opposite Party No.2 and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the Charge-Sheet No.67 of 2017 dated 31.03.2017 as well as entire criminal proceedings of Case No.19506 of 2017 (State Vs. Ali Raza Khan) arising out of Case Crime No.0435 of 2016, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, P.S. Babupurwa, District Kanpur Nagar.
Learned counsel for the applicant has drawn the attention of the court to Para 9 and 10 of the supplementary affidavit, wherein it has been stated that with the intervention of respected members of the society the parties have already settled their dispute and differences between them and the applicant had agreed to pay a sum of Rs.6,00,000/- to Opposite Party No.2 and the same has already been given to Opposite Party No.2 through demand draft and now nothing remains to be paid. In view of the settlement between the parties entire proceedings be quashed.
Learned counsel for Opposite Party No.2 has also submitted that an amicable settlement has already been reached between the applicants and opposite party no. 2 and the agreed amount has already been received by her and no claim further remains to be satisfied and she does not want to further pursue the criminal proceedings, as such, entire criminal proceedings be quashed for which she has no objection.
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 proceedings of Charge-Sheet No.67 of 2017 dated 31.03.2017 as well as entire criminal proceedings of Case No.19506 of 2017 (State Vs. Ali Raza Khan) arising out of Case Crime No.0435 of 2016, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, P.S. Babupurwa, District Kanpur Nagar are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 27.11.2019 Zafar