Court No. - 71
Case :- APPLICATION U/S 482 No. - 32568 of 2019 Applicant :- Anil Kumar @ Bablu Lodhi And 3 Ors Opposite Party :- State Of Up And Another Counsel for Applicant :- Ashwini Kumar Ojha,Om Prakash Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Joint affidavit, filed on behalf of applicants and Opposite Party No.2 today in Court, is taken on record.
Heard learned counsel for applicants, learned AGA for the State as well as Sri Om Prakash Yadav, 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 entire proceedings of Special Trial No.1287 of 2019 (State Vs. Anil Kumar @ Bablu and others), arising out of Case Crime No. 32 of 2019, under Sections 323, 504, 506 IPC and Section 3(2)5Ka, 3(1)(dha) of SC/ST Act, P.S. Tehrauli, District- Jhansi.
On the matter being taken up, Sri Om Prakash Yadav, learned counsel for the Opposite Party No.2 has stated that the dispute has already been compromised between the parties and he does not want to further pursue the case against the applicants.
Learned counsel for the applicants has also submitted that parties have settled their dispute outside the court and a settlement deed dated 30.07.2019 has already been executed between the applicants and Opposite Party No.2, which has been annexed to the joint affidavit and in para 4 of the said affidavit, it has been stated that the applicants and Opposite Party No.2 are living in the same village and they have amicably settled their dispute outside the Court in order to maintain harmonious and cordial relations between them they do not want to further pursue the criminal proceedings, as such, entire criminal proceedings be 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 proceedings of Special Trial No.1287 of 2019 (State Vs. Anil Kumar @ Bablu and others), arising out of Case Crime No. 32 of 2019, under Sections 323, 504, 506 IPC and Section 3(2)5Ka, 3(1)(dha) of SC/ST Act, P.S. Tehrauli, District- Jhansi are hereby quashed.
The application is, accordingly, allowed.
There shall be no order as to costs.
Order Date :- 26.8.2019 Nadim