Court No. - 80
Case :- APPLICATION U/S 482 No. - 11260 of 2021 Applicant :- Paras Chaudhary Opposite Party :- State of U.P.
Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- Sanjai Kumar Srivastwa,Sanjay Kr. Srivastava
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State, Shri Sanjay Kumar Srivastava, 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-Sheets dated 31.08.2010 and 11.10.2020, cognizance orders dated 01.09.2020 and 10.11.2020, Case Nos. 4484/9 of 2020 and 6698/9 of 2020 (State Vs. Paras Chaudhary and others), arising out of Case Crime No. 409 of 2020, under Sections 452, 323, 504, 506 IPC, Police Station Kotwali City, District Muzaffar Nagar, pending in the court of Chief Judicial Magistrate, Muzaffar Nagar.
Learned counsel for the applicant has submitted that on account of misunderstanding, present criminal case was registered against the applicants, however, with the intervention of respected members of the society, parties have amicably settled their dispute in order to maintain harmonious and cordial relations between them, as such, entire criminal proceedings against the applicants be quashed.
Learned counsel for the opposite party no.2 has filed an affidavit and in paragraph nos. 3, 4, 5 and 6 of the said affidavit, it has been averred that the parties have already entered into a compromise and therefore, he does not want to further pursue the case against the applicants and he has no objection, if the entire 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 entire proceedings of Charge-Sheets dated 31.08.2010 and 11.10.2020, cognizance orders dated 01.09.2020 and 10.11.2020, Case Nos. 4484/9 of 2020 and 6698/9 of 2020 (State Vs. Paras Chaudhary and others), arising out of Case Crime No. 409 of 2020, under Sections 452, 323, 504, 506 IPC, Police Station Kotwali City, District Muzaffar Nagar, pending in the court of Chief Judicial Magistrate, Muzaffar Nagar, are hereby quashed.
This application under Section 482 CrPC is accordingly allowed. There shall be no order as to costs.
Order Date :- 28.7.2021 Nadim Digitally signed by Justice Rajiv Gupta Date: 2021.07.28 18:20:09 IST Reason: Document Owner Location: High Court of Judicature at Allahabad