Court No. - 45
Case :- APPLICATION U/S 482 No. - 38914 of 2018 Applicant :- Saurabh Verma Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Krishna Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
This application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Criminal Case No.1881 of 2015 arising out of Case Crime No.230 of 2014, under Sections 498-A, 323, 506, IPC and 3/4 D.P. Act, P.S. Mahila Thana, District Moradabad, pending in the court of A.C.J.M., Court No.6, Moradabad.
The submission is that the parties have entered into compromise.
Shri Awaneesh Kumar Singh and Shri Krishna Kumar Singh, Advocates have put in appearance on behalf of O.P. No.2, the victim and have filed compromise application supported by joint affidavit of the victim and the applicant and have stated in paragraph No.6 that the parties have entered into compromise and do not wish to proceed with this prosecution.
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.
In the aforesaid cases, 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 Criminal Case No.1881 of 2015 arising out of Case Crime No.230 of 2014, under Sections 498-A, 323, 506, IPC and 3/4 D.P. Act, P.S. Mahila Thana, District Moradabad, pending in the court of A.C.J.M., Court No.6, Moradabad are, hereby, quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 27.10.2018 T. Sinha