Court No. - 44
Case :- APPLICATION U/S 482 No. - 16414 of 2014 Applicant :- Ojasvi And 3 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jagdish Prasad Mishra,Ram Prakash Vishwakarma Counsel for Opposite Party :- Govt. Advocate,Ramesh Chandra Srivastava,Shams Uz Zaman
Hon'ble Rajeev Misra,J.
Heard Mr. Ram Prakash Vishwakarma, learned counsel for the applicants, the learned A.G.A. for the State and Mr. R. C. Srivastava, learned counsel appearing on behalf of the opposite party no.2.
This application under Section 482 Cr.P.C. has been filed challenging the summoning order dated 26.02.2014 passed by the Additional Chief Judicial Magistrate, Kairana, District- Shamli in Complaint Case No. 25/9 of 2014 (Urmila Sharma Vs. Ojasvi and others), under Sections 325, 452, 504 I.P.C., Police Station-Shamli, District-Shamli as well as the entire proceedings of the above mentioned complaint case.
The present application came up for admission on 12.05.2014 and this Court passed the following interim order:-
"Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C., has been filed for quashing the proceedings of Complaint Case No. 25/9 of 2014 under Sections 325, 452, 504 I.P.C., Police Station Shamli, District Shamli, pending before learned Additional Chief Judicial Magistrate, Kairana, District Shamli as well as to quash the summoning order dated 26.02.2014 issued in the aforesaid case.
It is contended by learned counsel for the applicants that the sister of the applicant nos. 1 to 3 was married with the son of the opposite party no.2 who was turned out from her matrimonial house for want of additional dowry on account of which, proceedings under Sections 498A I.P.C., along with other allied Sections were initiated against the husband and ot her family members, as a counter blast to the same, the present proceedings has been initiated against the applicants which is bad in law.
Issue notice to the opposite party no.2 returnable within a period of four weeks. Steps be taken within a week.
Learned A.G.A. prays for and is granted four weeks' time to file counter affidavit. Opposite party no.2 may also file counter affidavit within the same period. As prayed by learned counsel for the applicants two weeks'
thereafter, is granted for filing rejoinder affidavit.
List immediately after expiry of the aforesaid period before appropriate Court.
During the pendency of the present application, it appears that the parties have entered into a compromise and consequently, settled their dispute outside the Court. In view of the compromise, so arrived at between the parties, a compromise application dated 27.07.2017 was filed on 07.09.2017 in the Registry of the Court. The said application is not on the record. Learned counsel for the applicants as well as learned counsel appearing on behalf of opposite party no.2 have duly supplied the attested true copy of the said application before this Court today, which is taken on record. Learned A.G.A. does not dispute the filing of the aforesaid compromise application.
Pursuant to the compromise so entered into between the parties, an application dated 07.05.2017 was filed before the court below praying therein that the complaint case be terminated in view of the compromise so entered into between the parties. The said application has been brought on record as Annexure-2 to the compromise application dated 27.07.2017.
On the aforesaid factual premise, learned counsel for the applicants submits that in view of the compromise so entered into between the parties, which is explicit from the application dated 05.07.2017 filed by the opposite party no.2 before the court below, no useful purpose shall be served in keeping the proceedings of the above mentioned complaint case pending. He therefore submits that in view of the compromise so arrived at between the parties, it is in the interest of justice that the proceedings of the above mentioned complaint case are quashed by this Court in exercise of its jurisdiction under Section 482 Cr.P.C. instead of relegating the parties to the court below.
Mr. R. C. Srivastava, learned counsel appearing on behalf of the opposite party no.2 has clearly admitted the compromise so entered into, between the parties, which is evident from the compromise application dated 27.07.2017. No useful purpose shall be served in keeping the proceedings of the above mentioned complaint case pending nor the opposite party no.2 can have any grievance in case the proceedings of the above mentioned complaint case are quashed by this Court to do complete justice between the parties.
This Court is not unmindful of the following judgements of the Apex Court:
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 judgments, 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 judgements noted above 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 Complaint Case No. 25/9 of 2014 (Urmila Sharma Vs. Ojasvi and others), under Sections 325, 452, 504 I.P.C., Police Station District-Shamli pending in the court of Additional Chief Judicial Magistrate, Kairana, District-Shamli, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 24.8.2018 YK