Court No. - 80
Case :- APPLICATION U/S 482 No. - 1195 of 2021
Applicant :- Salim
Opposite Party :- State of U.P. and Another Counsel for Applicant :- Adeel Ahmad Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State, Shri Krishna Mohan Tripathi, learned counsel for the first informant and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the criminal proceeding pursuant to the impugned charge sheet dated 13.09.2018 bearing Charge Sheet No.289/2018 registered as Criminal Case No.740 of 2020 (State vs. Mohd. Salim and Others), arising out of Case Crime No. 0184 of 2018, under Sections 452, 323, 504 and 506 IPC, Police Station Mawana, District Meerut, pending in the court of Judicial Magistrate, Mawana, District Meerut.
Learned counsel for the applicant has submitted that on account of minor scuffle between the parties, present criminal proceedings was instituted, however subsequently with the intervention of the respected members of both the families, the parties have amicably settled all their disputes and differences and now none of them has any grievance against each other. Learned counsel for the applicant has further submitted that in order to maintain cordial and harmonious relations between them, the present criminal proceedings be quashed.
Learned counsel for opposite party no.2 has also filed an affidavit and in para 2 of the said affidavit, it has been stated that a compromise has been made between the parties and all disputes and differences have been amicably settled and none of the parties has any grievance against each other. In para 3 of the said affidavit, it has been stated that the opposite party no.2 do not want to further contest the proceedings and has no objection if the proceedings are quashed.
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 criminal proceeding pursuant to the impugned charge sheet dated 13.09.2018 bearing Charge Sheet No.289/2018 registered as Criminal Case No.740 of 2020 (State vs. Mohd. Salim and Others), arising out of Case Crime No. 0184 of 2018, under Sections 452, 323, 504 and 506 IPC, Police Station Mawana, District Meerut, pending in the court of Judicial Magistrate, Mawana, District Meerut, are hereby quashed.
This application under Section 482 CrPC is accordingly allowed. There shall be no order as to costs.
Order Date :- 29.10.2021 Ravi/-