Court No. - 41
Case :- CRIMINAL APPEAL No. - 6343 of 2008 Appellant :- Manjit Singh Respondent :- State Of U.P. And Another Counsel for Appellant :- Amit Daga,M.K.Tripathi,T.K.Mishra Counsel for Respondent :- Govt. Advocate,Devesh Kumar,Rupak
Hon'ble Rajeev Misra,J.
Heard Mr. Amit Daga, the learned counsel for the appellant, the learned A.G.A. for the State and Mr. Devesh Kumar, the learned counsel for the opposite party no.2.
The Court passed following order on 3rd January, 2019:
"Sri Devesh Kumar, learned counsel for the respondents seeks adjourment.
List this matter on 31.01.2019 on which date, learned counsel for the respondents shall keep the accused present."
In compliance of the aforesaid order, the accused-opposite party no.2, namely, Malvinder Singh has appeared in the Court personally. He has been identified by his Counsel, Mr. Devesh Kumar.
The learned counsel for the parties have filed a joint affidavit stating therein that the matter has been settled outside the Court and therefore, the present appeal may be dismissed as not pressed.
Since the appellant has already settled the dispute outside the Court and does not wish to press the present appeal any longer, interest of justice requires that the present appeal be decided on the basis of compromise in terms of the law laid down by the Apex Court in the following judgments:
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 reported [2013 (83) ACC 278], in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.
In view of the above, the present appeal is dismissed as not pressed.
The personal appearance of the accused-opposite party Malvinder Singh is hereby dispensed with.
(Rajeev Misra, J.) Order Date :- 31.1.2019 Sushil/-