Heard learned counsel for applicants, learned AGA for the State and Sri Ashutosh Srivastava, learned counsel for opposite party no. 2.
This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the entire proceedings of Case No.1319 of 2013 (State vs. Dr. Manohar Lal Paliwal and others) arising out of Case Crime No. 304/2012, under Sections 498A, 452, 323, 506 IPC and 3/4 of D.P. Act P.S. Chandausi, District- Sambhal, pending in the court of Addl. Chief Judicial Magistrate, Chandausi, District Moradabad.
Learned counsel for the applicants has submitted that the O.P. No.2 was married to applicant no.1, however, on account of matrimonial discord the present criminal case was initiated against the applicants. However, subsequently, with the intervention of respected members of both family, they have settled their disputes and differences and now they are living separately pursuant to the divorce decree and in order to maintain cordial and harmonious relations between them, entire criminal proceedings be quashed.
Learned counsel for opposite party no. 2 has submitted that the dispute between the parties have amicably been settled and now she does not want to further pursue the criminal proceedings against the applicants and she has no objection if the entire criminal proceedings be 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 case.
Accordingly, the proceedings of Case No.1319 of 2013 (State vs. Dr. Manohar Lal Paliwal and others) arising out of Case Crime No. 304/2012, under Sections 498A, 452, 323, 506 IPC and 3/4 of D.P. Act P.S. Chandausi, District- Sambhal, pending in the court of Addl. Chief Judicial Magistrate, Chandausi, District Moradabad are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 18.8.2021 R