Court No. - 45
Case :- APPLICATION U/S 482 No. - 42599 of 2018 Applicant :- Ram Bachan @ Bachan Lal Opposite Party :- State Of Up And Anr Counsel for Applicant :- Archana Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
This application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Criminal Case No.3244 of 2012, arising out of Case Crime No.417 of 2009, under Sections 419, 420, 504, 506, IPC, P.S. Shivpur, District Varanasi, pending before the 6th Additional Chief Judicial Magistrate, Varanasi.
The argument is that the parties have entered into compromise.
Shri Manoj Kumar Singh, Advocate has put in appearance on behalf of O.P. No.2 and has filed an affidavit on his behalf stating in paragraph No.2 that the parties have entered into compromise.
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 of Criminal Case No.3244 of 2012, arising out of Case Crime No.417 of 2009, under Sections 419, 420, 504, 506, IPC, P.S. Shivpur, District Varanasi, pending before the 6th Additional Chief Judicial Magistrate, Varanasi are, hereby, quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 29.11.2018 T. Sinha