Court No. - 86
Case :- APPLICATION U/S 482 No. - 35979 of 2019 Applicant :- Pankaj Kumar Sharma And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Chandra Tripathi,Pankaj Kumar Tiwari Counsel for Opposite Party :- G.A.,Sanjay Srivastava
Hon'ble Umesh Kumar,J.
Heard learned counsel for applicants, learned AGA for the State as well as learned counsel for the Opposite Party No.2 and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceedings of Complaint Case No. 1913 of 2018 (Chanchal vs. Pankaj Kumar Sharma and others), under Sections 498-A, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station- Narsaina, District- Bulandshahr, pending in the court of Additional Chief Judicial Magistrate, Court No.3, Bulandshahr as well as the summoning order dated 01.03.2019.
This Court vide its order dated 26.09.2019 had referred the matter to the Mediation Centre in order to enable the parties to reach an amicable settlement. Pursuant to the said order, the applicants and the Opposite Party No.2 appeared before the Mediation Centre and the settlement agreement dated 20.01.2021 has been made between them, which has been reduced in writing and forms part of this application.
Learned counsel for the applicants has submitted that as per the settlement agreement dated 20.01.2021 made between the parties, the applicant shall pay a permanent alimony including Stridhan of Rs. 4,00,000/- to the wife by way of demand draft. Out of the aforesaid amount Rs. 4,00,000/- has already been deposited in the divorce petition by way of demand draft which shall be handed over to opposite party no.2 at the time of final judgement in divorce petition under Section 13-B of Hindu Marriage Act before Family Court, Bulandshahar. In respect of the present dispute, the parties have agreed that all cases pending before any court whether civil or criminal relating to the present dispute, shall be withdrawn by taking appropriate steps before the concerned court.
Learned counsel for the Opposite Party No.2 has also acknowledged the aforesaid settlement and now no dispute remains between them and he has no objection, if the present proceedings are 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 application under Section 482 Cr.P.C. is allowed. The entire proceedings of aforesaid case are hereby quashed.
Let a copy of this order be sent to trial court concerned within a week for communication and necessary action.
Order Date :- 22.9.2021 Vikas