Court No. - 80
Case :- APPLICATION U/S 482 No. - 27300 of 2021 Applicant :- Sahbaj And 3 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Short counter affidavit filed on behalf of today in Court is taken on record.
Heard learned counsel for the applicant, learned AGA for the State, Shri M.D. Shah, learned counsel for the opposite party nos. 2 and 3 and perused the record.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge-sheet dated 11.3.2021 and cognizance order dated 22.9.2021 as well as entire criminal proceedings of Criminal Case No. 636 of 2021 (State Vs. Sahbaj and others) arising out of Case Crime No. 11 of 2021, under Sections 498A, 323, 504 IPC and Section 3/4 of Dowry Prohibition Act, Police Station- Fatehpur, District- Saharanpur, pending in the court of Civil Judge (Junior Division)/F.T.C. (Crime against Women), Saharanpur.
Learned counsel for the applicants has submitted that opposite party No. 3 is the wife of applicant No. 1 and on account of matrimonial discord, instant criminal proceedings has been initiated by opposite party no.2 against the applicants.
Learned counsel for the applicants has next submitted that with the intervention of the respected members of both the families, applicant No. 1 and the opposite party no.2 have compromised the matter and they have amicably settled all their disputes and differences and they have restored their relationship and living together under one roof as husband and wife and leading a happy married life. A settlement-agreement dated 14.10.2021 has also been drawn, a copy of which has been annexed as Annexure 3 to this application.
Learned counsel for the applicants has next submitted that in view of the compromise made between the parties, entire proceedings, initiated against the applicants, be quashed.
Learned counsel for the opposite party no.2 has also appeared and filed an affidavit on behalf of opposite party No 2 and 3 and in paragraphs 3 and 4, it has been stated that applicant No. 1 and opposite party No. 3 have restored their relationship and living together under one roof as husband and wife and leading a happy married life and in view of the compromise made between the parties, has no objection, if the entire criminal proceedings, initiated against the applicants, are quashed.
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 entire proceedings of Criminal Case No. 636 of 2021 (State Vs. Sahbaj and others) arising out of Case Crime No. 11 of 2021, under Sections 498A, 323, 504 IPC and Section 3/4 of Dowry Prohibition Act, Police Station- Fatehpur, District- Saharanpur, pending in the court of Civil Judge (Junior Division)/F.T.C. (Crime against Women), Saharanpur, are hereby quashed.
This application under Section 482 CrPC is accordingly allowed. There shall be no order as to costs.
Order Date :- 21.12.2021 KU