Court No. - 55
Case :- APPLICATION U/S 482 No. - 3864 of 2019 Applicant :- Smt Aysha Opposite Party :- State Of Up And 4 Others Counsel for Applicant :- S. Kamal Akhtar Khan,Mahesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. S. Kamal Akhtar Khan, learned counsel for the applicants, the learned A.G.A. for the State and Mr. Rajesh Kumar Bind, Advocate, who has put in appearance on behalf of the opposite party nos. 2 to 5 by filing his vakalatnama in today in Court, which is taken on record.
Supplementary affidavit filed by the learned counsel for the applicant in compliance of the order of this Court dated 08.02.2019 in Court today is also taken on record.
This application under Section 482 Cr.P.C. has been filed with a prayer that the entire proceedings of Criminal Case No. 1909 of 2018 (State Vs. Babbu @ Iftekhar and others) arising out of Case Crime No. 152 of 2018 under Sections 376, 323 and 120- B, Police Station-Azeem Nagar, District-Rampur including the charge-sheet dated 30.07.2018 be quashed in view of the compromise dated 24.11.2018 entered into between the parties.
Perused the record.
It transpires from the record that in respect of an occurrence, which took place on 03.05.2018, an F.I.R. dated 05.05.2018 was lodged by Smt. Aysha, the prosecutrix (the applicant herein), which was registered as Case Crime No. 0152 of 2018 under Sections 376, 323, 120B I.P.C. In the aforesaid F.I.R. four persons were nominated as the named accused, namely, Babbu @ Iftekha, Mohd. Kashif, Abdul Shakoor and Smt. Fatima. The Police upon completion of the statutory investigation of the aforesaid case crime number in terms of Chapter XII Cr.P.C. has submitted a charge-sheet dated 30.07.2018 against all the named accused. Since the offence related to a woman, the statement of the prosecutrix was also recorded under Section 164 Cr.P.C., in which the prosecutrix has implicated the opposite parties in the alleged crime. Upon submission of the aforesaid charge-sheet dated 30.07.2018, cognizance was taken by the court concerned vide cognizance taking order dated 07.08.2018 and consequently, Case No. 1909 of 2018 (State Vs.
Babbu @ Iftekhar and others) came to be registered in the court of Judicial Magistrate, District-Rampur. The trial commenced, and it is at this stage that a compromise was entered into between the parties whereby and wherein, the parties compromised their lis. The compromise so entered into between the parties was represented before the court below by means of a compromise application dated 24.11.2018, certified copy of which is on the record as Annexure 3 to the affidavit. A perusal of the said compromise application will go to show that the said compromise application was filed by the prosecutrix herself and was supported by the affidavit of the prosecutrix wherein she has stated that the proceedings of the above mentioned criminal case be terminated in view of the compromise so entered between the parties.
Mr. S. Kamal Akhtar Khan, learned counsel for the applicant submits that in view of the fact that the parties have settled their dispute by way of compromise and dispute between the parties is purely a private dispute, this Court in exercise of its jurisdiction under Section 482 Cr.P.C. may itself quash the proceedings of the above mentioned complaint case to do complete justice between the parties instead of relegating the parties to the court below.
Mr. Rajesh Kumar Bind, the learned counsel appearing for the opposite party nos. 2 to 5 submits that in the present case, an application for disposal of the complaint case on the basis of the compromise so entered between the parties, has been filed by the prosecutrix herself and the opposite party nos. 2 to 5 can have no objection to the same. He further submits that since the parties have entered into a compromise, the interest of justice shall better be served in case all litigations between the parties are brought to an end instead of permitting it to be continued.
This Court is not unmindful of 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 judgments, 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 judgments noted above 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 Case No. 1909 of 2018 (State Vs. Babbu @ Iftekhar and others) arising out of Case Crime No. 152 of 2018 under Sections 376, 323 and 120-B, Police Station-Azeem Nagar, District-Rampur are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 22.2.2019 YK