Court No. - 86
Case :- APPLICATION U/S 482 No. - 4262 of 2021 Applicant :- Ayyub Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A.,Akhilesh Tiwari
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicants, learned counsel for opposite party no.2 and learned A.G.A. for the State.
This application has been moved with the prayer to quash the entire proceedings of Complaint Case No. 1779 of 2016 (new no. 6060 of 2019) under Sections 498A, 323, 452 I.P.C. and 3/4 D.P. Act, P.S. Mahila Thana, District Bijnor pending before Additional Civil Judge (J.D.), Bijnor as well as to quash the summoning order dated 24.4.2017 passed by Additional Civil Judge (J.D.), Bijnor.
Learned counsel for the applicant and learned counsel for the opposite party no.2 submits that parties settled the matter by way of compromise, copy of the report of verified compromise deed is filed before the Court, hence proceeding and impugned order is liable to be quashed.
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 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.
Order Date :- 17.9.2021 Fhd