Court No. - 69
Case :- APPLICATION U/S 482 No. - 16798 of 2019 Applicant :- Mukesh Kumar And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anil Kumar Srivastava,Ram Bahadur Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Vakalatnama filed by Sri Gaurav Singh Chauhan, learned counsel on behalf of opposite party no. 2, is taken on record.
This application under Section 482 Cr.P.C. has been filed to quash/set aside the entire proceedings of Sessions Trial No. 246 of 2018 (State Vs. Mukesh and others), under sections 498-A, 307 IPC and 3/4 Dowry Prohibition Act, Police Station Hathras Junction, District Hathras arising out of Case Crime No. 06 of 2017 pending in the court of learned Additional Sessions Judge/FTC, Hathras in terms of compromise entered into between the parties.
The argument is that the parties have entered into compromise, as per averment made in para 13 of the affidavit filed in support to the application. A copy of the joint compromise application has been annexed as Annexure No. 4 to the affidavit filed in support of the present application.
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 the aforesaid Case are hereby, quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 26.4.2019 Arti