Court No. - 80
Case :- APPLICATION U/S 482 No. - 21257 of 2021 Applicant :- Ram Shyam And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Sengar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Compromise Affidavit filed by Shri Ram Govind on behalf of O.P No.2 is taken on record.
Heard learned counsel for the applicants, learned AGA for the State, Shri Ram Govind, learned counsel for the Opposite Party No. 2 and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceedings of case crime no. 0258 of 2018, State Vs. Ram Shyam and others, under section 452, 323, 324, 504, 506 IPC and 3 (1) (r) (s) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989, P.S. Kalpi, District Jalaun, pending in the court of Special Judge, (SC&ST Act), Jalaun at Orai.
Learned counsel for the applicants has submitted that on account of a trivial dispute between the parties, the present criminal case was instituted against the applicants, however, subsequently with the intervention of respected members of the society, all disputes and differences between the parties have been amicably settled and now they do not have any grievance against each other. A settlement agreement dated 6.10.2021 has also been made between the parties, copy of which has been annexed as Annexure No- 3 to the application.
Learned counsel for the applicant has placed reliance upon the decision of Hon. Apex Court, passed in the case of Ramawatar vs. State of Madhya Pradesh, in Criminal Appeal No. 1393 of 2011 dated 25.10.2021.
Learned counsel for the applicants has next submitted that in view of the compromise made between the parties, the entire proceedings of aforementioned case crime against the applicants be quashed.
Learned counsel for the Opposite Party No.2 has also appeared and has filed an affidavit on behalf of O.P. No..2 and in para 7 of the affidavit, it has been clearly stated that the said compromise has been entered into between the parties on their own volition, without any coercion, undue influence and out of their own free will and consent and now the parties do not have any grievance against each other and O.P. No.2 has no objection, if the entire proceeding against the applicants is quashed.
This Court is not unmindful of the judgements of the Apex Court in the cases of :-
1. Nikhil Merchant Vs. Central Bureau of Investigation [2008) 9 SCC 677].
2. Manoj Sharma Vs. State and others ( 2008) 16 SCC 1.
3. Gian Singh Vs. State of Punjab (2012) 10 SCC 303.
4. 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 entire proceedings of case crime no. 0258 of 2018, State Vs. Ram Shyam and others, under section 452, 323, 324, 504, 506 IPC and 3 (1) (r) (s) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989, P.S. Kalpi, District Jalaun, pending in the court of Special Judge, (SC&ST Act), Jalaun at Orai are hereby quashed.
This application under Section 482 Cr.PC is accordingly allowed. There shall be no order as to costs.
Order Date :- 21.12.2021 R