Court No. - 80
Case :- APPLICATION U/S 482 No. - 20679 of 2021 Applicant :- Mohammad Sahid @ Chhunnan Warsi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Saxena Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Short counter affidavit filed on behalf of opposite party No. 2 today in Court, is taken on record.
Heard learned counsel for the applicants, learned AGA for the State, Shri Mukesh Joshi, learned counsel for the opposite party no.2 and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire criminal proceedings of Criminal Case No. 4548 of 2007 (State Vs. Pappu) arising out of Case Crime No. 551 of 2000, under Sections 323/34, 506 IPC, Police Station- Bisalpur, District- Pilibhit, pending in the court of 1st Addl. Chief Judicial Magistrate, Pilibhit.
Learned counsel for the applicants has submitted that on account of trivial dispute regarding issuance of slip of paddy crop, instant criminal proceedings has been initiated by opposite party no.2 against the applicants, however with the intervention of the respected members of both the families, they have amicably settled all their disputes and differences and now no grievance remains between them. Learned counsel for the applicants has next submitted that in order to maintain cordial and harmonious relations between both the parties, entire criminal proceedings be quashed.
Learned counsel for the opposite party no.2 has also filed an affidavit and has acknowledged that all disputes and differences between them have amicably been settled and now no dispute or difference remain between them. In paragraph- 5 of the said affidavit, it has been stated that the opposite party No. 2 do not want to further pursue the instant case and has no objection if the entire criminal proceedings be quashed.
This Court is not unmindful of the judgement of the Hon'ble Apex Court in the case of Narindra Singh and others Vs. State of Punjab, ( 2014) 6 SCC 466, wherein Hon'ble 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 entire proceedings of Criminal Case No. 4548 of 2007 (State Vs. Pappu) arising out of Case Crime No. 551 of 2000, under Sections 323/34, 506 IPC, Police Station- Bisalpur, District- Pilibhit, pending in the court of 1st Addl. Chief Judicial Magistrate, Pilibhit, are hereby quashed.
This application under Section 482 CrPC is accordingly allowed. There shall be no order as to costs.
Order Date :- 27.10.2021 KU