Court No. - 69
Case :- APPLICATION U/S 482 No. - 21469 of 2019 Applicant :- Shahzad Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Irfan Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Short counter affidavit filed on behalf of opposite party no. 2, is taken on record.
Heard Sri Irfan Chaudhary, learned counsel on behalf of applicant, Sri Tushar Oberai, learned counsel on behalf of opposite party no. 2 and Abhinav Prasad, learned AGA for the State.
This application under Section 482 Cr.P.C. has been filed to quash the entire criminal proceedings of Crl. Case No. 4118/9 of 2018, State Vs. Shahzad & others, arising out of Case Crime No. 222 of 2017, under sections 498A, 307, 325, 323, 504, 506 IPC & 3/4 Dowry Prohibition Act, Police Station Thana Bhawan, District Shamli as well as impugned charge sheet dated 01.06.2017 along with the impugned cognizance order dated 22.06.2017.
The argument is that the parties have entered into compromise, as per averment made in para 6 and 7 of the short counter affidavit, filed by Sri Tushar Oberai, learned counsel for the opposite party no.2. A copy of compromise as well as notary affidavit of compromise dated 07.05.2019 has been annexed as Annexure No. 8 to the affidavit filed in support of present application.
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 the aforesaid Case are hereby, quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 29.5.2019 Arti