Court No. - 80
Case :- APPLICATION U/S 482 No. - 13674 of 2021 Applicant :- Nawab Jaan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Danish Counsel for Opposite Party :- G.A,Saurabh Kesarwani
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State, Shri Saurabh Kesarwani, 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 Charge-sheet dated 28.9.2019 and entire proceedings of Case No. 4936 of 2020 in Case Crime No. 159 of 2019, under Sections 447, 448, 504, 506 IPC, Police Station Bilari, District Moradahad, pending before Additional Chief Judicial Magistrate, Court No. 1, Moradabad.
Learned counsel for the applicants has submitted as per allegations made in the first information report, it is alleged that on account of scuffle between the parties, the present case was initiated against the applicants. However, subsequently with the intervention of respected members of the society, the parties have entered into a compromise and have settled all their disputes in order to maintain cordial and harmonious relation between them and now, no dispute remains between the parties. The applicants and opposite party no. 2 belong to the same family and as such, it is prayed that entire proceedings be quashed. A settlement deed has also been drawn between the parties which has been annexed as Annexure-4 to the application. In view of settlement arrived between the parties, the entire criminal proceedings be quashed.
Learned counsel for the opposite party no. 2 Shri Saurabh Kesarwani, has also filed an affidavit and in Paragraph 5, 7 and 8, it has been stated that on account of some misunderstanding the present criminal case was initiated. However, now the parties have settled all their disputes and differences and he has no objection, if the entire criminal proceedings are quashed against the applicants.
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 Charge-sheet dated 28.9.2019 and entire proceedings of Case No. 4936 of 2020 in Case Crime No. 159 of 2019, under Sections 447, 448, 504, 506 IPC, Police Station Bilari, District Moradahad, pending before Additional Chief Judicial Magistrate, Court No. 1, Moradabad are hereby quashed.
This application under Section 482 CrPC is accordingly allowed. There shall be no order as to costs.
Order Date :- 17.9.2021 Ravi Prakash