Court No. - 45
Case :- APPLICATION U/S 482 No. - 37835 of 2018
Applicant :- Rama Kant Bajpai And Anr Opposite Party :- State Of U.P And Anr Counsel for Applicant :- Prashant Kumar Singh
Counsel for Opposite Party :- G.A.,Santosh Kumar Nigam
Hon'ble Siddharth,J.
This application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Case No.1376 of 2012, State Vs. Rama Kant Bajpai and another, arising out of Case Crime No.223 of 2012, under Sections 406, 420, 120 B/34, 504, 506 I.P.C., Police Station Kalyanpur, District Kanpur Nagar, pending in the court of the Additional Chief Metropolitan Magistrate-IInd, Kanpur Nagar.
The argument is that the parties have entered into compromise, as per averments made in supplementary affidavit filed by the learned counsel for the applicants.
Sri Santosh Kumar Nigam, Advocate has put in appearance on behalf of O.P. No.2, and has filed counter affidavit stating in paragraph No.13 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 Case No.1376 of 2012, State Vs. Rama Kant Bajpai and another, arising out of Case Crime No.223 of 2012, under Sections 406, 420, 120 B/34, 504, 506 I.P.C., Police Station Kalyanpur, District Kanpur Nagar, pending in the court of the Additional Chief Metropolitan Magistrate-IInd, Kanpur Nagar are, hereby, quashed.
The application is, accordingly, allowed. Order Date :- 27.11.2018 Ruchi Agrahari