Court No. - 42
Case :- APPLICATION U/S 482 No. - 23252 of 2019 Applicant :- Meena Goud Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Arvind Kumar Tewari,Jeet Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
This is application under Section 482 Cr.P.C. has been filed by the complainant as complaint Case No. 1484 of 2017 under Section 156 (3) Cr.P.C. P.S. Cantt, District Allahabad.
Praying that the complaint filed by her may be quashed by this Court on the ground that she has entered into a compromise with the accused and does not want to proceed with the complaint.
It is further been submitted that the there is no Presiding Officer in the trial court and only dates are being fixed and she has been harassed on account of pendency of this Case wherein she does not want any relief.
In view of the fact that the complainant herself has filed this application and praying for quashing of her complaint.
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 complaint Case No. 1484 of 2017 under Section 156 (3) Cr.P.C. P.S. Cantt, District Allahabad are, hereby, quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 25.6.2019 Sweety