Court No. - 45
Case :- APPLICATION U/S 482 No. - 22044 of 2018 Applicant :- Asfak And 17 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Chandra Prakash Singh Counsel for Opposite Party :- G.A.,Ajeet Srivastava
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and Shri Ajeet Srivastava, learned counsel for the opposite party no.2.
This application under Section 482 Cr.P.C. has been filed to quash the entire criminal proceedings of Criminal Case 12486 of 2018 pending in the court of Chief Judicial Magistrate, District Gautam Budh Nagar(State of U.P. Vs. Asfak and others)under sections 420, 379, 506 I.P.C. arising out of Case Crime No. 546 of 2017 P.s. Sector -39 Nodia District Gautam Budh Nagar.
The argument is that the parties have entered into compromise. The matter was sent to the Mediation and Conciliation Centre, Allahabad by order of this court dated 2.7.2018. In the counter affidavit filed by learned counsel for the opposite party no2. stating the due to illness he could not appear before the Mediation Centre on the date fixed.
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.
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 Accordingly, the proceedings of the aforesaid case are, hereby, quashed.
The application is, accordingly, allowed. There shall be no order as to costs Order Date :- 30.10.2018 Atul kr. sri.