Court No. - 40
Case :- APPLICATION U/S 482 No. - 22077 of 2019 Applicant :- Shammi And Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- K.K. Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Sri Vinay Kumar Tripathi, Advocate has filed vakalatnama on behalf of opposite party no. 2, which is taken on record.
This application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceedings of Case No. 40185 of 2018 arising out of Case Crime No. 107 of 2018 (State vs. Shammi & others), under Sections 452, 323, 504, 506 IPC, P.S. Gwaltoli, District- Kanpur Nagar, pending in the Court of A.C.M.M.-VIII, Kanpur Nagar.
Sri Vinay Kumar Tripathi, learned counsel for opposite party no. 2 has filed an affidavit stating therein that the matter has already been amicably settled between the parties and no dispute remains between them and he does not want to further pursue criminal proceeding against the applicant and has entered into compromise dated 6.6.2018. The copy of said compromise has been filed on behalf of opposite party no. 2, which is annexed as Annexure No. 1 to the affidavit.
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 complaint case.
Accordingly, the proceedings of Criminal Case No. 40185 of 2018 arising out of Case Crime No. 107 of 2018 (State vs. Shammi & others), under Sections 452, 323, 504, 506 IPC, P.S. Gwaltoli, District- Kanpur Nagar, pending in the Court of A.C.M.M.-VIII, Kanpur Nagar, are hereby quashed.
The application is, accordingly, allowed.
Order Date :- 3.6.2019 KU