Court No. - 80
Case :- APPLICATION U/S 482 No. - 8095 of 2021 Applicant :- Rameshwar Dayal And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Aslam Counsel for Opposite Party :- G.A.,Vikrant Gupta
Hon'ble Rajiv Gupta,J.
Joint affidavit filed by both the counsel for the parties, is taken on record.
Heard learned counsel for the applicants, learned AGA for the State, Shri Vikrant Gupta, 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 No. 407 of 2018 dated 10.12.2018 as well as entire criminal proceedings of Case No. 5960 of 2018 (State Vs. Rameshwar Dayal and others), arising out of Case Crime No. 485 of 2018, under Sections 420, 467, 468, 471, 406, 504, 506 IPC, Police Station- Milak, District- Rampur, pending in the court of Chief Judicial Magistrate, Rampur.
Learned counsel for the applicants has submitted that the present criminal case was initiated against the applicants in respect of dispute over payment of money and subsequently both the parties have amicably settled their dispute and a sum of Rs. 21 lacs has been paid by the applicant to opposite party no. 2 in order to maintain harmonious and cordial relations between them, as such, entire criminal proceedings against the applicants be quashed.
Learned counsel for the opposite party no.2 has filed an affidavit and in paragraph no. 4 of the said affidavit, it has been averred that a sum of Rs. 21 lacs 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 applicants and he has no objection, if the entire proceedings are quashed against the applicants.
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 No. 407 of 2018 dated 10.12.2018 and Case No. 5960 of 2018 (State Vs. Rameshwar Dayal and others), arising out of Case Crime No. 485 of 2018, under Sections 420, 467, 468, 471, 406, 504, 506 IPC, Police Station- Milak, District- Rampur, pending in the court of Chief Judicial Magistrate, Rampur, 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