Court No. - 80
Case :- APPLICATION U/S 482 No. - 6350 of 2021 Applicant :- Ram Ratan Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Jaiswal Counsel for Opposite Party :- G.A.,J.B. Singh
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State, Shri J.B. Singh, 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 sheet dated 14.3.2019 as well as entire criminal proceedings of Case No. 197 of 2019 (State Vs. Ram Ratan), arising out of Case Crime No. 426 of 2018, under Sections 406, 504, 506 IPC, Police Station- Rabupura, District- Gautam Budh Nagar, pending in the court of Judicial Magistrate, Jewar, Gautam Budh Nagar.
Learned counsel for the applicant has submitted that the present criminal case was initiated against the applicant in respect of dispute over payment of money, however with the intervention of respected persons of the society, both the parties have amicably settled their dispute and due amount has been paid by the applicant to opposite party no. 2 in order to maintain harmonious and cordial relations between them and now no dispute and differences has been existed between them, as such, entire criminal proceedings against the applicants be quashed.
Learned counsel for the opposite party no.2 has filed an affidavit stating therein that due amount has already been received by him and all their disputes and differences has already been settled and now he does not want to further pursue the case against the applicant and he has no objection, if the entire proceedings are quashed against the applicant.
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-Sheet dated 14.3.2019 as well as entire criminal proceedings of Case No. 197 of 2019 (State Vs. Ram Ratan), arising out of Case Crime No. 426 of 2018, under Sections 406, 504, 506 IPC, Police Station- Rabupura, District- Gautam Budh Nagar, pending in the court of Judicial Magistrate, Jewar, Gautam Budh 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 KU