Court No. - 44
Case :- APPLICATION U/S 482 No. - 19318 of 2018 Applicant :- Kanhaiyalal Gulati And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dileep Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Dileep Kumar Shukla, learned counsel for the applicants, the learned A.G.A. for the State and Mr. Ravi Kumar Singh, Advocate, who has put in appearance on behalf of the opposite party No. 2.
Learned counsel for the opposite party No. 2 has filed a counter affidavit along with his vakalatnama in Court today, which is taken on record.
This application under section 482 Cr. P. C. has been filed challenging the summoning order dated 21.7.2012 passed by the Additional Chief Judicial Magistrate, Court No. 3, Moradabad, in Complaint Case No. 1450/9 of 2014 (Old No. 61/9 of 2012) (Naresh Kumar Vs. Kanhaiyalal Gulati and another), under sections 406, 420 IPC, P.S. Katghar, District Moradabad, as well as the entire proceedings of the above mentioned complaint case.
Normally, this Court would not have interfered in the present application, as the same has been preferred, after expiry of a period of more than 5 years from the date of the passing of the summoning order. However, in view of the averments contained in paragraph 33 of the affidavit, the laches in filing the present application are ignored.
Learned counsel for the applicants submits that during the pendency of the above mentioned complaint case, the parties have entered into a compromise, on the basis of which, the opposite party No. 2 does not wish to proceed any further with the above mentioned complaint case. He further submits that the parties have entered into a compromise on 26.4.2018 outside the Court, whereby and where under the dispute between the parties has been amicably settled. On the aforesaid factual premise, he submits that the proceedings of the above mentioned complaint case be quashed.
Learned counsel appearing on behalf of the opposite party No. 2 has invited the attention of the Court to the counter affidavit filed by him in Court today. Referring to paragraph Nos. 3 and 4 of the aforesaid counter affidavit, he submits that opposite party No. 2 does not wish to proceed with the complaint filed by him on account of the compromise dated 26.4.2018 entered into between the parties. On the aforesaid basis, he submits that he has no objection, in case the proceedings of the above mentioned complaint case are 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 complaint case.
Accordingly, the proceedings of Complaint Case No. 1450/9 of 2014 (Old No. 61/9 of 2012) (Naresh Kumar Vs. Kanhaiyalal Gulati and another), under sections 406, 420 IPC, P.S. Katghar, District Moradabad, pending in the Court of judicial Magistrate, Moradabad, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 31.5.2018 HSM