Court No. - 42
Case :- APPLICATION U/S 482 No. - 23250 of 2019 Applicant :- Jabbar Ali Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Anuj Bajpai Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
This application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Criminal Appeal No.16 of 2019 arising out of Complaint Case Crime No.1965 of 2016, under Section 138 The Negotiable Instruments Act, P.S. Sadar Bazar, District Shahjahanpur.
The argument is that the parties have entered into compromise, as per averment made in para 7 of the affidavit, filed in support of this application.
Shri Prashant Shukla, Advocate has put in appearance on behalf of O.P. No. 2, has filed counter affidavit, stating that the parties have entered into compromise and do not want to proceed with the present case.
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 Criminal Appeal No.16 of 2019 arising out of Complaint Case Crime No.1965 of 2016, under Section 138 The Negotiable Instruments Act, P.S. Sadar Bazar, District Shahjahanpur are, hereby, quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 25.6.2019 Sweety