Court No. - 44
Case :- APPLICATION U/S 482 No. - 30128 of 2018 Applicant :- Ranjeet Jain Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Suresh Chandra,Alok Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Suresh Chandra, learned counsel for the applicants, the learned A.G.A. for the State, and Mr. Vivek Kumar Tiwari, Advocate, who has appeared for opposite party no.2 and has filed his vaklatnama today in Court, which is taken on record.
This application under Section 482 Cr.P.C. has been filed challenging the summoning order dated 8.12.2016, passed by Additional Chief Judicial Magistrate-III, Meerut in Complaint Case No. 989 of 2016 (Sasmreen Vs. Ranjeet Jain), under Sections 354, 504, 506, IPC, P.S. Sadar Bazar, District Meerut as well as the order dated 8.6.2018, passed by the Additional Sessions judge, Fast Track Court, 1st, Meerut in Criminal Revision No. 34 of 2017 (Ranjeet Jain Vs. Samreen and Another), whereby the aforesaid criminal revision preferred against the summoning order dated 8.12.2016 has been dismissed.
Learned counsel for the applicant invited the attention of the Court to the affidavit dated 24.7.2018, filed by the complainant opposite party No.2 before the court below. A perusal of the said affidavit will go to show that on the ground of settlement having been arrived at in between the opposite party No.2 and applicant herein, the opposite party no.2 did not wish to press the complaint filed by her. Accordingly, it was prayed that proceedings of the above mentioned complaint case be terminated. This application dated 24.7.2018 filed by the opposite party No.2 has still remained pending. Consequently, the applicant has now come to this Court by means of the present application under Section 482 Cr.P.C.
Learned counsel for the applicant submits that dispute between the parties is a purely private dispute and the parties have settled the matter outside the Court. Therefore, no useful purpose would be served in prolonging the proceedings of the above mentioned complaint case. He, however, submits that since the opposite party is duly represented before this Court, therefore, the proceedings of the above mentioned complaint case may be quashed by this court itself in exercise of its jurisdiction under Section 482 Cr.P.C, instead of relegating the parties to the Court below.
Mr. Vivek Kumar Tiwari, learned counsel for the opposite party no.2 does not dispute the filing of application dated 24.7.2018. He, contends that in view of the affidavit dated 24.7.2018, filed by the opposite party No.2 before the court below, no surviving cause of action remains with the opposite party No.2. to pursue the above mentioned complaint case.
This Court is not unmindful of the following judgements of the Apex Court:
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 complaint case.
Accordingly, the proceedings of Complaint Case No. 989 of 2016 (Sasmreen Vs. Ranjeet Jain), under Sections 354, 504, 506, IPC, P.S. Sadar Bazar, District Meerut, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 24.9.2018 Arshad