Court No. - 42
Case :- APPLICATION U/S 482 No. - 23350 of 2019
Applicant :- Nazim Ahmad And 2 Others
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Brij Lal Jha,Jagdish Prasad Patel
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
This application under Section 482 Cr.P.C. has been filed to quash the cognizance order dated 8.4.2019 as well as entire proceedings of Case No. 3251 of 2019, arising out of Case Crime No. 437 of 2018, under Sections 498-A, 323, 504 IPC and 3/4 D.P. Act, Police Station Majhola, District Moradabad.
The argument is that the parties have entered into compromise, as per averment made in para 10 of the affidavit, filed in support of this application.
Sri Ashutosh, Advocate has put in appearance on behalf of O.P. No.2 and has filed short counter affidavit stating that the parties have entered into compromise and do not want to proceed with the present case.
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 in the aforesaid case are, hereby, quashed.
The application is, accordingly, allowed. Order Date :- 26.6.2019 Ruchi Agrahari