Court No. - 54
Case :- APPLICATION U/S 482 No. - 21193 of 2019 Applicant :- Kuldeep @ Kuldeep Goswami And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjay Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Learned counsel Shri Pramod Kumar Dwivedi has filed short counter affidavit along with vakalatnama on behalf of the opposite party no.2 which is taken on record.
Heard learned counsel for the applicants, learned counsel Shri Pramod Kumar Dwivedi, learned counsel for the opposite party no.2 and the learned A.G.A. appearing for the State.
By means of the present application under Section 482 Cr.P.C. the applicants have invoked inherent jurisdiction of this Court with a prayer to quash the entire proceeding of Criminal Case No.874 of 2015 (State of U.P. Vs. Kuldeep & others) arising out of case crime no.5 of 2015, under Sections 452,323,506,325 IPC, P.S. Kotwali Hathras, District Hathras.
It is submitted by the learned counsel for the applicants that the opposite party no.2 had lodged an FIR against the applicants on 3.1.2015 under Sections 452,323,506 IPC. After investigation, the charge sheet has been submitted against the applicants on 18.2.2015, under Sections 452,323,506,325 IPC and the court below has also taken cognizance against them. However, during pendency of the case, with the intervention of the local people both, the applicants and the opposite party no.2 have entered into compromise and filed a joint affidavit mentioning that the opposite party no.2 does not intend to pursue the case against the applicants. In this regard, a compromise application has been filed as Annexure-4 of the application.
Learned counsel for the opposite party no.2 has filed a short counter affidavit admitting that both the parties have entered into compromise and there is no grievance against each other. It is also pointed out that an NCR was lodged on behalf of the applicant no.1 in which final report was filed against which protest petition was filed by the applicant no.1 and that case has also been settled in pursuance of the compromise filed before the court below. As both the parties have settled the dispute amicably and do not further want to litigate, therefore, this petition may be decided in terms of the settlement arrived at between them.
Having regard to the facts and circumstances of the case as well as consensus of learned counsel for both the parties, ordeal of trial procedure would be a futile exercise and the chance of ultimate conviction would be bleak, hence the criminal prosecution against the applicants deserves to be quashed following the dictum of Apex Court in (2012) 10 SCC, 303; Gian Singh Vs. State of Punjab and 2014 AIR SCW 2065; Narinder Singh and others Vs. State of Punjab and Another where even in non-compoundable offence the prosecution can be quashed. The applicants and the opposite party no.2 are directed to remain bound by the terms and condition of compromise deed executed between them.
Thus in the above conspectus, the entire proceeding initiated against the applicants in the aforesaid offences, is hereby quashed.
Accordingly, the instant application is allowed.
Order Date :- 29.5.2019 M. Tariq