Court No. - 80
Case :- APPLICATION U/S 482 No. - 15141 of 2021 Applicant :- Jakir And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.,Akhilesh Kumar Pandey,Nasir Hussain
Hon'ble Rajiv Gupta,J.
Affidavit filed on behalf of opposite party No. 2 today in Court, is taken on record.
Heard learned counsel for the applicants, learned AGA for the State, Shri Akhilesh Kumar Pandey, learned counsel for the opposite party no.2 and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge sheet dated 20.11.2018 as well as further proceedings of Special Case No. 525 of 2020 (State Vs. Jakir and another), arising out of Case Crime No. 206 of 2018, under Sections 354, 452, 323, 504, 506 IPC and 7/8 of POCSO Act, Police Station- Mirzapur, District- Saharanpur, pending in the court of A.D.J/Special Judge (POCSO Act), Court No. 13, Saharanpur.
Learned counsel for the applicants has submitted that on account of trivial dispute over right of way, instant criminal proceedings has been initiated by opposite party no.2 against the applicants, however with the intervention of the respected members of both the families and villagers, applicants and the opposite party no.2 have settled all their disputes and differences. A settlement-agreement dated 26.2.2021 has also been drawn, a copy of which has been annexed as Annexure 6 to this application and in order to maintain cordial and harmonious relations between them, entire criminal proceedings be quashed.
Learned counsel for the opposite party no.2 has filed an affidavit and has also acknowledged the settlement-agreement and in paragraph- 8 of the affidavit, it has been stated that all disputes and differences have been settled between them and now no grievance remains between them and they have decided to live peacefully. It has been further stated that the victim does not want to further pursue the instant case and has no objection if the entire criminal proceedings be quashed.
This Court is not unmindful of the judgement of the Hon'ble Apex Court in the case of Narindra Singh and others Vs. State of Punjab, ( 2014) 6 SCC 466, wherein Hon'ble 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 Special Case No. 525 of 2020 (State Vs. Jakir and another), arising out of Case Crime No. 206 of 2018, under Sections 354, 452, 323, 504, 506 IPC and 7/8 of POCSO Act, Police Station- Mirzapur, District- Saharanpur, pending in the court of A.D.J/Special Judge (POCSO Act), Court No. 13, Saharanpur, are hereby quashed.
This application under Section 482 CrPC is accordingly allowed. There shall be no order as to costs.
Order Date :- 25.10.2021 KU