Court No. - 75
Case :- APPLICATION U/S 482 No. - 29227 of 2018 Applicant :- Shadab Alam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pulak Ganguly Counsel for Opposite Party :- G.A.,Mohammad Belal
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State as well as Shri Mohammad Belal, learned counsel for the Opposite Party No.2 and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the cognizance order dated 29.04.2017 passed by C.J.M., Hapur in Complaint Case No. 1065 of 2017 (M/S Alfaiz Export Vs. Alam Tannery Pvt. Ltd.), under Section 138 of N.I. Act, P.S. Kotwali, District Hapur as well as the order dated 19.07.2018 passed by Additional Sessions Judge, F.T.C. IInd, Hapur in Criminal Revision No. 152 of 2017 (Shadab Alam Vs. State and another).
This Court vide its order dated 04.09.2018 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 applicant and the Opposite Party No.2 appeared before the Mediation Centre and the settlement agreement dated 25.03.2019 has been made between them, which has been reduced in writing and forms part of this application.
Learned counsel for the applicant has submitted that a per the settlement agreement dated 25.03.2019 made between the parties, the applicant has paid a sum of Rs.28,00,000/- to the Opposite Party No.2 in settlement of his claims and dues, which has been acknowledged by him and now, no claim or liability remains in respect of the present dispute and 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have agreed that all cases pending before any court whether civil or criminal relating to the present dispute, shall be withdrawn by taking appropriate steps before the concerned court.
Learned counsel for the Opposite Party No.2 has also acknowledged the aforesaid settlement, pursuant to which, he has already received a sum of Rs.28,00,000/- and now, no dispute remains between them and he has no objection, if the present proceedings 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 Complaint Case No. 1065 of 2017 (M/S Alfaiz Export Vs. Alam Tannery Pvt. Ltd.), under Section 138 of N.I. Act, P.S. Kotwali, District Hapur as well as the order dated 19.07.2018 passed by Additional Sessions Judge, F.T.C. IInd, Hapur in Criminal Revision No. 152 of 2017 (Shadab Alam Vs. State and another) are hereby quashed.
This application under Section 482 CrPC is accordingly allowed. There shall be no order as to costs.
Order Date :- 18.12.2019 Nadim