Court No. - 44
Case :- APPLICATION U/S 482 No. - 17266 of 2018 Applicant :- Smt Shagufta Bano Opposite Party :- State Of Up And Another Counsel for Applicant :- Pradeep Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Pradeep Kumar Rai, learned counsel for the applicants, the learned A.G.A. for the State, and Mr. Saurabh Trivedi, Advocate, holding brief of Mr. Priya Ranjan Rai, learned counsel for the opposite party no.2.
This application under Section 482 Cr.P.C. has been filed challenging the summoning order dated 27th November, 2012 passed by the Additional Chief Judicial Magistrate, Court No.10, Meerut in Complaint Case No. 1239 of 2012 (M/s. Tower Vision India Pvt. Ltd. vs. Smt. Shagufta Bano), under Sections 406, 499 and 500 I.P.C., Police Station Medical, District Meerut as well as the entire proceedings of above mentioned complaint case.
The present criminal application came up for admission on 21st May, 2018 and following order was passed:
"At the very ouset, Mr. Pradeep Kumar Rai, learned counsel for the applicant, submits that the matter be taken up on 30.5.2018 so that the opposite party no.2 can appear before the court through his counsel as the matter has been compromised between the parties. The factual foundation in respect of the same is contained in paragraph 7 of the affidavit.
Prayer made for is bonafide. Put up this case on 30.5.2018."
Pursuant to the aforesaid order dated 21st May, 2018, Sri Priya Ranjan Rai, Advocate has put in appearance on behalf of opposite party no.2 by filing his vakalatnama.
Learned counsel for the applicants invited the attention of the Court to the settlement agreement arrived at between the parties, a copy of which has been appended as Annexure-3 to the affidavit filed in support of the present application. He, therefore, submits that since the parties have already settled their dispute by way of settlement agreement, no useful purpose shall be served by keeping the proceedings of the above mentioned complaint case pending. He further submits that instead of relegating the parties to the court below, this Court in exercise of its power under Section 482 Cr.P.C. may quash the proceedings of the above mentioned complaint case.
Sri Saurabh Trivedi, Advocate holding brief of Sri Priya Ranjan Rai, learned counsel for the opposite party no.2 does not dispute the settlement agreement, which has been arrived at between the parties. He further submits that according to the terms of the settlement agreement, the parties was required to withdraw the criminal cases filed by them. He, therefore, submits that in view of settlement agreement, no further cause of action survives with the opposite party no.2 to pursue the above mentioned complaint case filed by opposite party no.2 itself.
This Court is not unmindful of 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 judgments, 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 as the parties have already settled their dispute by way of settlement agreement.
Accordingly, the proceedings of Complaint Case No. 1239 of 2012 (M/s. Tower Vision India Pvt. Ltd. vs. Smt. Shagufta Bano), under Sections 406, 499 and 500 I.P.C., Police Station Medical, District Meerut, pending in the court of Additional Chief Judicial Magistrate, Court No.10, Meerut, are, hereby, quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
(Rajeev Misra, J.) Order Date :- 27.7.2018 Sushil/-