Court No. - 44
Case :- APPLICATION U/S 482 No. - 18160 of 2018 Applicant :- Rajendra Kumar Zarabi And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Priya Ranjan Rai Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Priya Ranjan Rai, learned counsel for the applicants, the learned A.G.A. for the State, and Mr. Pradeep Kumar Rai, learned counsel appearing for the opposite party no.2.
This application under Section 482 Cr.P.C. has been filed challenging the summoning order dated 22nd July, 2013 passed by the Additional Chief Judicial Magistrate, Court No.2, Meerut in Complaint Case No. 1523 of 2012 (Shagufta Bano vs. Rajendra Kumar Zarabi & Others), under Sections 354, 341, 342, 392, 506, 509 and 34 I.P.C., Police Station Medical, District Meerut as well as the entire proceedings of above mentioned complaint case.
The present criminal application came up for admission on 24th May, 2018 and following order was passed:
"Heard Mr. Priya Ranjan Rai, learned counsel for the applicant and the learned A.G.A. for the State.
At the very outset learned counsel for the applicant invited the attention of the Court to the order dated 21.05.2018 passed in Application under Section 482 Cr.P.C. No. 17266 of 2018. On the basis thereof learned counsel for the applicant submits that it shall be in the interest of justice that the present application be also taken up alongwith the above mentioned application under Section 482 Cr.P.C.
Accordingly, put up this case on 30.05.2018, alongwith Application under Section 482 Cr.P.C. No. 17266 of 2018. "
Sri Pradeep Kumar Rai, Advocate has filed his vakalatnama on behalf of the opposite party no.2 in the registry on 6th July, 2018, which is on the record.
Learned counsel for the applicants invited the attention of the Court to the settlement agreement arrived at between the parties, a copy of which has been appended as Annexure-3 to the affidavit filed in support of the present application. He, therefore, submits that since the parties have already settled their dispute by way of settlement agreement, no useful purpose shall be served by keeping the proceedings of the above mentioned complaint case pending. He further submits that instead of relegating the parties to the court below, this Court in exercise of its power under Section 482 Cr.P.C. may quash the proceedings of the above mentioned complaint case.
Sri Pradeep Kumar Rai, learned counsel appearing the opposite party no.2 does not dispute the settlement agreement, which has been arrived at between the parties. He further submits that according to the terms of the settlement agreement, the parties are required to withdraw the criminal cases filed by them. He, therefore, submits that in view of settlement agreement, no further cause of action survives with the opposite party no.2 to pursue the above mentioned complaint case filed by the opposite party no.2 herself.
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 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 as the parties have already settled their dispute by way of settlement agreement.
Accordingly, the proceedings ofComplaint Case No. 1523 of 2012 (Shagufta Bano vs. Rajendra Kumar Zarabi & Others), under Sections 354, 341, 342, 392, 506, 509 and 34 I.P.C., Police Station Medical, District Meerut pending in the court of Additional Chief Judicial Magistrate, Court No.2, Meerut, are hereby, quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
(Rajeev Misra, J.) Order Date :- 24.8.2018 Sushil/-