Court No. - 86
Case :- APPLICATION U/S 482 No. - 18256 of 2020 Applicant :- Babu Ram And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Pandey,Nuruddin Khan Counsel for Opposite Party :- G.A., ,Ram Badan Maurya
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicants, learned counsel for opposite party no.2 as well as learned A.G.A. for the State- opposite party no.1 and perused the material placed on record.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Criminal Case No. 6003 of 2019 (State vs. Babu Ram and others), arising out of Case Crime No. 142 of 2019, under Sections 147, 323, 504, 506, 308 of IPC, P.S. Kalawari, District- Basti, pending in the court of Additional Chief Judicial Magistrate-II, Court No.10, Basti as well as charge sheet dated 07.11.2019 and order of cognizance dated 24.12.2019, in terms of the compromise entered into between the parties.
It is submitted that on account of intervention of their well- wishers, a compromise has been arrived at between the parties. The said compromise has been filed before the court concerned which has been properly verified by the court concerned. The certified copy of the said compromise has been filed as Annexure-S.A.1 to the supplementary affidavit.
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 complaint 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.
Let a copy of this order be sent to trial court concerned within a week for communication and necessary action.
Order Date :- 22.9.2021 Vikas