Court No. - 80
Case :- APPLICATION U/S 482 No. - 13694 of 2020 Applicant :- Farhat Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Tripathi,Sunil Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant and learned AGA for the State.
This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the entire proceedings of Criminal Case No. 276 of 2019 (State vs. Farhat Ali and others) arising out of Case Crime No. 744 of 2018, under Sections 498-A, 323, 506 IPC and 3/4 of D.P. Act P.S. Kotwali Kannauj, District- Kannauj in terms of compromise entered between the parties, pending in the court of Chief Judicial Magistrate, Kannauj.
Learned counsel for the applicant has submitted that the parties have entered into a compromise and have amicably settled all their disputes and differences with the intervention of respected family members.
Learned counsel for the applicant has submitted that an amount of Rs. 4.5 lacs has been paid by the applicant to O.P. No.2 as per the compromise deed which has been filed as Annexure No. 5 to this application and the same has been verified by the court below and now no dispute remains between them and the entire criminal proceedings be 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 proceedings of Criminal Case No. 276 of 2019 (State vs. Farhat Ali and others) arising out of Case Crime No. 744 of 2018, under Sections 498-A, 323, 506 IPC and 3/4 of D.P. Act P.S. Kotwali Kannauj, District- Kannauj, pending in the court of Chief Judicial Magistrate, Kannauj are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 28.7.2021 R