Court No. - 45
Case :- APPLICATION U/S 482 No. - 1897 of 2018 Applicant :- Koshendra Kumar Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Mr Niraj Tiwari Counsel for Opposite Party :- C.S.C.,Anil Kumar,Deo Pratap Tiwari,Sheelu Jaiswal
Hon'ble Siddharth,J.
This application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Criminal Case No.1832 of 2017, arising out of Case Crime No.116 of 2015, under Sections 409, 419, 420, 467, 468, 471, IPC, P.S.
Mehnajnagar, District Azamgarh, pending before the Civil Judge (J.D.), Court No.13, Azamgarh.
The argument is that the parties have entered into compromise, which is on record and they have also filed their joint affidavit stating that they are not interested to proceed further against each other.
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 Case No.1832 of 2017, arising out of Case Crime No.116 of 2015, under Sections 409, 419, 420, 467, 468, 471, IPC, P.S.
Mehnajnagar, District Azamgarh, pending before the Civil Judge (J.D.), Court No.13, Azamgarh are, hereby, quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 21.12.2018 T. Sinha