Court No. - 69
Case :- APPLICATION U/S 482 No. - 15764 of 2012
Applicant :- Smt. Seema Mehrotra And Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- V.K. Jiaswal
Counsel for Opposite Party :- Govt.Advocate,Awadhesh Kumar Misra,R.K.Pandey
Hon'ble Vivek Kumar Singh,J.
Heard Ms. Himadri Batra, learned counsel holding brief of Sri V.K. Jaiswal, learned counsel for the applicants and Sri Awadhesh Kumar Misra, learned counsel for the opposite party no.2 and Sri Abhinav Prasad, learned A.G.A.-I for the State-respondent.
The present 482 Cr.P.C. application has been filed for quashing the entire proceedings of Criminal Case No.932 of 2012, State Vs Smt. Seema and others under Section 304,120B IPC Case Crime No.453 of 2010, Police Station Khatauli, District Muzaffarnagar.
Vide order dated 22.11.2017 the matter was referred to the mediation of this Court. The mediation report dated 13.12.2018 is on record which shows that all the disputes and difference in this regard have been amicably settled by the parties.
Learned counsel for the applicant submits that during the pendency of proceedings better sense prevail between the parties who have now entered into an amicable settlement The attention of This Court has been drawn to the following judgements of the Apex Court:-
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.
In view of the above, the proceedings of the aforesaid Case are hereby, quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 25.4.2019 Dev/-