Court No. - 80
Case :- APPLICATION U/S 482 No. - 19658 of 2021 Applicant :- Rizwan @ Gudda And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Dwivedi Counsel for Opposite Party :- G.A.,Dur Vijay Singh
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, learned A.G.A for the State, Sri Sri Devashish Mishra, Advocate holding brief of Sri Dur Vijay 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 entire proceedings of Case No. 2521 of 2019 - (State Vs. Rizwan @ Gudda & Others), arising out of Case Crime No. 780 of 2019, under Sections 498-A/323/506 I.P.C, & 3/4 D.P. Act, registered at Police Station - Baradari, District - Bareilly, pending before the Additional Chief Judicial Magistrate-I, Bareilly.
On the matter being taken up, Sri Devashish Mishra has appeared on behalf of opposite party no. 2 and has stated that the dispute has already been settled outside the Court between the parties and she does not want to further pursue the case against the applicants and now, no dispute remains between them.
Learned counsel for the applicants has submitted that it is a matrimonial dispute between the parties. Learned counsel for the applicants has also submitted that a compromise has already been entered into between the applicants and opposite party no. 2 with the intervention of respected persons of the society and in order to maintain harmonious and cordial relations they do not want to further pursue the case and they have restored their relationship and are living happily together. They have jointly prayed that the present proceedings be quashed.
Learned counsel for opposite party no. 2 has also filed an affidavit and in paragraph nos. 4 and 5 of the affidavit. opposite party no. 2 has acknowledged the fact that the dispute between the parties have already settled and they have restored their relationship and are living happily under one roof. Opposite party no. 2 does not want to further prosecute the matter against the applicants.
In view of the aforesaid circumstance, entire proceedings be quashed against the applicants.
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. 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 proceedings of Case No. 2521 of 2019 - (State Vs. Rizwan @ Gudda & Others), arising out of Case No. 2521 of 2019 - (State Vs. Rizwan @ Gudda & Others), arising out of Case Crime No. 780 of 2019, under Sections 498-A/323/506 I.P.C, & 3/4 D.P. Act, registered at Police Station - Baradari, District - Bareilly, pending before the Additional Chief Judicial Magistrate-I, Bareilly, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 25.10.2021 Vikram