Court No. - 86
Case :- APPLICATION U/S 482 No. - 43249 of 2019 Applicant :- Sandeep Kumar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ranjana Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard Ms. Ranjana, learned counsel for applicants, learned AGA for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceedings of Case No. 565 of 2017 (Smt. Arti vs. Sandeep Kumar and others), under Sections 12, 17, 18, 19, 20 & 22 of the Protection of Women from Domestic Violence Act, 2005, Police Station- Mahila Thana, District- Jhansi, pending in the court of Civil Judge (Junior Division)/Judicial Magistrate, Jhansi.
This Court vide its order dated 28.11.2019 had referred the matter to the Mediation Centre in order to enable the parties to reach an amicable settlement. Pursuant to the said order, the applicants and the Opposite Party No.2 appeared before the Mediation Centre and the settlement agreement dated 06.02.2020 has been made between them, which has been reduced in writing and forms part of this application.
Learned counsel for the applicants has submitted that as per the settlement agreement dated 06.02.2020 made between the parties, the applicant no.1 and opposite party no.2 have decided to reunite and live together as husband and wife. They have undertaken to discharge all matrimonial obligations towards each other and not to commit any kind of cruelty against each other in any manner. In respect of the present dispute, the parties have agreed that all cases pending before any court whether civil or criminal relating to the present dispute, shall be withdrawn by taking appropriate steps before the concerned court.
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 application under Section 482 Cr.P.C. is allowed. The entire proceedings of aforesaid case are hereby quashed.
Let a copy of this order be sent to trial court concerned within a week for communication and necessary action.
Order Date :- 22.9.2021 Vikas