Court No. - 80
Case :- APPLICATION U/S 482 No. - 17845 of 2021 Applicant :- Nahid Ali And 3 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Atul Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
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 Shanti Dhar Dwivedi, learned counsel for the opposite party nos.2 and 3 and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge sheet dated 14.3.2021 as well as entire criminal proceedings of Case Crime No. 66 of 2021 (State Vs. Nahid Ali and others), under Sections 498A, 323, 504 IPC and 3/4 of D.P. Act, P.S. Madhotanda IPC, District- Pilibhit, pending in the court of Addl. Chief Judicial Magistrate- II, Pilibhit.
Learned counsel for the applicants has submitted that the instant criminal case was initiated against the applicants by opposite party no.2, who is the mother of opposite party No. 3, wife of applicant No. 1, however with the intervention of the respected members of both the families, they have settled all their disputes and differences and now no grievance remains against each other. Learned counsel for the applicants has next submitted that in view of the compromise made between the parties and in order to maintain cordial and harmonious relations between them, the entire criminal proceedings be quashed.
Learned counsel for the opposite party nos. 2 and 3 has filed an affidavit and and in paragraph- 8 of the said affidavit, it has been stated that all disputes and differences have been settled between them and opposite party No. 3 wants to live separately. In paragraph 10 of the said affidavit, it has further been submitted that the present applicant be allowed and charge sheet and entire 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 entire proceedings of Case Crime No. 66 of 2021 (State Vs. Nahid Ali and others), under Sections 498A, 323, 504 IPC and 3/4 of D.P. Act, P.S. Madhotanda IPC, District- Pilibhit, pending in the court of Addl. Chief Judicial Magistrate-II, Pilibhit, are hereby quashed.
This application under Section 482 CrPC is accordingly allowed. There shall be no order as to costs.
Order Date :- 28.10.2021 KU