Case :- APPLICATION U/S 482 No. - 13907 of 2019 Applicant :- Mohit Kumar Verma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Deepak Kumar Kulshrestha Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Deepak Kumar Kulshreshta, learned counsel on behalf of applicant, Sri Ramesh Kumar Ojha, learned counsel on behalf of opposite party no. 2 and Sri Azad Singh, learned AGA on behalf of State.
This application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Criminal Case Number 12952 of 2019 (State Vs. Mohit) (CRN No UPAG04-018439-2019) arising out of Case Crime No. 0434 of 2017, under section 67 of the Information Technology Act, 2008, Police Station Saiyan, District Agra pending in the Court of Chief Judicial Magistrate, Agra as well as the Charge Sheet dated 27.05.2018.
Learned counsel on behalf of applicant submits that on 29.04.2019 opposite party no. 2 moved an application before the Chief Judicial Magistrate, Agra to withdraw the case against the applicant. It is further submitted that the parties have entered into compromise, as per averment made in para 2 of the supplementary affidavit, sworn by Mohit Kumar. A certified copy of compromise affidavit dated 29.04.2019 has been annexed as Annexure No. SA-1 to the supplementary affidavit.
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 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 the aforesaid Case are hereby, quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 21.8.2019 Arti