Court No. - 45
Case :- APPLICATION U/S 482 No. - 47241 of 2018 Applicant :- Shailendra Kumar Upadhyay And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- I.P. Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Shri S.M. Khalid, learned counsel for the opposite party no.2 and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed to quash the charge sheet dated5.3.2018 filed in Criminal Case No. 921 of 2018( Case Crime No. 512 of 2017) under sections 419, 420, 504, 506, 468, 471, 323, 406 I.P.C. P.S. Cantt. District Allahabad pending in the court of Additional Chief Judicial Magistrate, Court No. 4, Allahabad.
This case was summoned on the request of learned counsel for the applicant no.1 that there is extreme urgency and it may be taken up today since the court is closed for ten days. In the meantime applicant may be arrested by the police even though parties have entered into compromise outside the court but the court below has refused to compound the matter.
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 :- 21.12.2018 Atul kr. sri.