Court No. - 71
Case :- APPLICATION U/S 482 No. - 35751 of 2019 Applicant :- Ram Bhajan Yadav And 4 Ors Opposite Party :- State Of Up And Anr Counsel for Applicant :- Kamlesh Kumar Singh Counsel for Opposite Party :- G.A.,Bal Krishna Rai
Hon'ble Rajiv Gupta,J.
Affidavit filed today on behalf of opposite party no. 2 is taken on record.
Heard learned counsel for applicants, learned AGA for the State as well as Sri Bal Krishna Rai, learned counsel for opposite party no. 2.
This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the impugned Charge-Sheet dated 18.3.2019 along with summoning order dated 10.4.2019 as well as entire criminal proceedings of Case No. 58 of 2019, (State Vs. Ram Bhajan Yadav and others), arising out of Case Crime No. 67 of 2019, under Sections 147, 323, 504 IPC and Section 3(1)(Da) of SC/ST Act, P.S. Ali Nagar, District- Chandauli in the light of compromise dated 12.9.2019.
On the matter being taken up, Sri Bal Krishna Rai, learned counsel for opposite party no. 2. has stated that the dispute has already been compromised between the parties and he does not want to further pursue the case against the applicants.
Learned counsel for the applicants has also submitted that a compromise has already been entered into between the applicants and opposite party no. 2 and settlement deed has been executed, in which, it has been stated that on the intervention of respected members of the society, the applicants and the opposite party no.2 have settled their dispute outside the court in order to maintain harmonious and cordial relations between them and they do not want to further pursue the criminal proceedings, as such, entire criminal proceedings be quashed.
Learned counsel for the Opposite Party No.2 has filed an affidavit and in para 3 and 4, it has been stated that the parties have entered into a compromise and they do not want to further pursue the criminal proceedings in order to maintain harmonious and cordial relation between them and he has no objection, if the 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 proceedings of impugned Charge-Sheet dated 18.3.2019 along with summoning order dated 10.4.2019 as well as entire criminal proceedings of Case No. 58 of 2019, (State Vs. Ram Bhajan Yadav and others), arising out of Case Crime No. 67 of 2019, under Sections 147, 323, 504 IPC and Section 3(1)(Da) of SC/ST Act, P.S. Ali Nagar, District- Chandauli are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 25.9.2019 KU