Court No. - 54
Case :- APPLICATION U/S 482 No. - 21167 of 2019 Applicant :- Asad @ Asad Ahmad Khan And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shahnawaz Akhtar Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Learned counsel Shri Brijendra Singh has filed Vakalatnama and counter affidavit on behalf of the opposite party no.2 which are taken on record.
Heard learned counsel for the applicants, Shri Gyanendra Singh holding brief of Shri Brijendra Singh, learned counsel for the opposite party no.2 and the learned A.G.A. appearing for the State.
By means of the present application under Section 482 Cr.P.C. the applicants have invoked inherent jurisdiction of this Court with a prayer to quash the charge sheet no.1 of 2015, dated 3.3.2015, under Sections 307,323,504,506,174-A IPC submitted in Case Crime No.155 of 2014, P.S. Kotwali, District Budaun as well as the order dated 8.3.2019 passed by the learned Additional District and Sessions Judge, Court No.7, Budaun in Compromise Application 10 Kha.
It is submitted by the learned counsel for the applicants that earlier the applicant no.1 had approached this court by way of filing Criminal Misc. Application (under Section 482 Cr.P.C.) No.35783 of 2016 with a prayer to quash the charge sheet and this Court had granted indulgence while issuing notice to the opposite party no. 2 directing that the further proceedings against the applicant no.1 shall be kept in abeyance vide order dated 23.11.2016. Later on both, the applicant no.1 and the opposite party no.2 with the intervention of the local people have entered into amicable settlement and filed a joint affidavit mentioning that the opposite party no.2 does not intend to pursue the case against the applicants. In this regard, a compromise application has been filed as Annexure-6 of the application. The said compromise was verified by the court below in compliance of the order passed by this Court in Criminal Misc. Application (under Section 482 Cr.P.C.) No.35783 of 2016 vide order dated 11.9.2018 which has been appended as Annexure-7 of the application.
Learned counsel for the opposite party no.2 has filed counter affidavit admitting that both the parties have entered into compromise and there is no grievance against each other. As both the parties have settled the dispute amicably and do not further want to litigate, therefore, this petition may be decided in terms of the settlement arrived at between them.
Having regard to the facts and circumstances of the case as well as consensus of learned counsel for both the parties, ordeal of trial procedure would be a futile exercise and the chance of ultimate conviction would be bleak, hence the criminal prosecution against the applicants deserves to be quashed following the dictum of Apex Court in (2012) 10 SCC, 303; Gian Singh Vs. State of Punjab and 2014 AIR SCW 2065; Narinder Singh and others Vs. State of Punjab and Another where even in non-
compoundable offence the prosecution can be quashed. The applicants and the opposite party no.2 are directed to remain bound by the terms and condition of compromise deed executed between them.
Thus in the above conspectus, the entire proceeding initiated against the applicants in the aforesaid offences, is hereby quashed.
Accordingly, the instant application is allowed.
Order Date :- 29.5.2019 M. Tariq