Court No. - 45
Case :- APPLICATION U/S 482 No. - 24204 of 2018 Applicant :- Daya Shankeer @ Pachchu Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anand Kumar Srivastava Counsel for Opposite Party :- G.A.,Istyak Khan
Hon'ble Siddharth,J.
This application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Case no.
58 of 2017 (State Vs. Daya Shanker and others) arising out of Crime No. 605 of 2015 under sections 417, 418, 419, 420, 467, 468, 471 I.P.C.
P.S. Vidhanu District Kanpur Nagar.
The argument is that the parties have entered into compromise. As per averment made in para 4 of the short counter affidavit,that opposite party no.2 received amount of Rs. 50,000, which has been given to the applicant at the time of executing registered agreement to sale dated 11.3.2015 by him.
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 :- 29.11.2018 Atul kr. sri.