Court No. - 86
Case :- APPLICATION U/S 482 No. - 14091 of 2020
Applicant :- Amna Begum @ Smt. Shakil Ahmad And 3 Others
Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sangam Singh,Raj Kumar Mishra,Rajneesh Tripathi
Counsel for Opposite Party :- G.A.,Ansar Ahmad
Hon'ble Umesh Kumar,J.
Heard Ms. Sandhya Chaturvedi, holding brief of Sri Raj Kumar Mishra, learned counsel for the applicants, Sri Ansar Ahmad, learned counsel for opposite party no.2 as well as learned A.G.A. and perused the material available on record.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Criminal Case No. 434 of 2019 (State of U.P. Vs. Musarraff Ali & Others) arising out of Case Crime No. 457 of 2018 Under Sections 452, 323, 504 IPC, P.S.- Bakewar, District- Etawah, in terms of compromise.
It is submitted that a joint affidavit has been filed by the parties to show that they have amicably settled the dispute and have decided to live separately and has no grudge against each other and agreed to withdraw all the cases filed against each other. Learned counsel for opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicants. It has been jointly submitted that there would be no harm and error, it would be in the interest of justice that the proceedings may be quashed in the light of the compromise.
The attention of This Court has been drawn to the following judgements of the Apex Court:-
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.
In view of the above, the proceedings of the aforesaid Case are hereby, quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Let a copy of the order be transmitted to the Court below immediately.
Order Date :- 6.10.2021 S.Verma
Digitally signed by Justice Umesh Kumar Date: 2021.10.21 16:15:59 IST Reason: Document Owner Location: High Court of Judicature at Allahabad