Court No. - 45
Case :- APPLICATION U/S 482 No. - 42234 of 2018 Applicant :- Kallu@Surendra Yadav And 6 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Jagdish Narayan Gupta Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned AGA for the State.
This application under Section 482 Cr.P.C. has been filed to quash the Charge-sheet No.70 of 2018 dated 25.07.2018 as well as entire criminal proceeding of Special Case No.754 of 2018 (State Vs. Kallu @ Surendra Yadav and others) arising out of Case Crime No.69 of 2018, under Sections 147, 148, 149, 452, 323, 504, 506, 427 I.P.C and 3(1)(Da) and 3(1) (Dha) of SC/ST Act, police Station Raksa, District Jhansi pending in the Court of Special Judge SC/ST Act, Jhansi.
The submission is that the parties have entered into compromise out side the court.
Sri Karan Singh Yadav, Advocate, has put in appearance on behalf of opposite party no.2 and has filed short counter affidavit duly supported by affidavit of opposite party no.2, wherein it has been stated that no offence was committed by the applicant and he has further stated that the parties have entered into compromise.
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 entire aforesaid proceedings are, hereby, quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 28.11.2018 SS