Court No. - 45
Case :- APPLICATION U/S 482 No. - 42968 of 2018 Applicant :- Hemant Kumar Alias Raja Yadav Opposite Party :- State Of Up And Another Counsel for Applicant :- Shiv Bahadur Yadav Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
This application under Section 482 Cr.P.C. has been filed to quash the Special Case No.12 of 2014 as well as Non Bailable Warrant dated 19.12.2016 passed by Special Judge (D.A.) Jhansi, arising out of Case Crime No.170 of 2013, under Sections 392, 411, IPC, P.S. Moth, District Jhansi, pending in the court of Special Judge, Dacoity Affected Area.
The argument is that the parties have entered into compromise.
Shri Rajendra Prasad, Advocate has put in appearance on behalf of O.P. No.2 and has filed short counter affidavit stating in paragraph 4 that the parties have amicably settled their dispute.
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 Case Crime No.170 of 2013, under Sections 392, 411, IPC, P.S. Moth, District Jhansi, pending in the court of Special Judge, Dacoity Affected Area are, hereby, quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 30.11.2018 T. Sinha