Court No. - 80
Case :- APPLICATION U/S 482 No. - 5162 of 2021 Applicant :- Diwakar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Dwivedi Counsel for Opposite Party :- G.A.,Sunil Kumar Misra
Hon'ble Rajiv Gupta,J.
Supplementary affidavit, filed today in Court, is taken on record.
Heard learned counsel for the applicants, learned AGA for the State/ opposite party no.1, Shri Sunil Kumar Mishra, learned counsel for the opposite party no. 2 and perused the record.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge-sheet dated 11.07.2019, cognizance order dated 26.11.2019 and entire proceedings of Case No. 2611 of 2019 (State Vs. Diwakar and others), arising out of Case Crime No. 18 of 2018, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, District Firozabad, pending in the court of Additional Chief Judicial Magistrate-Ist, Firozabad.
Learned counsel for the applicants has submitted that on account of matrimonial discord, instant criminal proceedings has been initiated against the applicants.
Learned counsel for the applicants has next submitted that with the intervention of the respected members of both the families, applicants and the opposite party no.2 have compromised the matter and they have amicably settled all their disputes and differences in order to maintain harmonious and cordial relations between them and they have restored their relationship and now, are living peacefully as husband and wife under one roof.
Learned counsel for the applicants has next drawn the attention of the Court to the settlement agreement, which has been annexed as annexure no.3 to the application.
In view of said compromise, this Court vide order dated 25.03.2021 had referred the matter to the court below with the direction that the parties will appear before the court below along with a certified copy of this order and also file an application for verification of the original compromise documents.
Pursuant to the said order dated 25.03.2021, the parties appeared before the court below and filed the settlement agreement, which has been duly verified by the court below vide order dated 13.10.2021, copy of which has been annexed as annexure no.4 to the supplementary affidavit.
Learned counsel for the applicants has next submitted that in view of the compromise, entire proceedings, initiated against the applicants, be quashed.
Learned counsel for the opposite party no.2 has also made a statement at the bar that pursuant to the compromise made between the parties, they have restored their relationship and now, are living peacefully together as husband and wife under one roof and are leading a happy married life. He has next submitted that opposite party no.2 does not want to further pursue the criminal proceedings against the applicants and also, she has no objection, if the entire criminal proceedings, initiated against the applicants, is quashed.
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.
Wherein 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.
Accordingly, the entire proceedings of Case No. 2611 of 2019 (State Vs. Diwakar and others), arising out of Case Crime No. 18 of 2018, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, District Firozabad, pending in the court of Additional Chief Judicial Magistrate-Ist, Firozabad, are hereby quashed.
This application under Section 482 CrPC is accordingly allowed. There shall be no order as to costs.
Order Date :- 27.10.2021 Nadim