Court No. - 40
Case :- APPLICATION U/S 482 No. - 22381 of 2019
Applicant :- Shamshuddin And 03 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Zafeer Ahmad
Counsel for Opposite Party :- G.A.,Anand Kumar Srivastava
Hon'ble Rajiv Gupta,J.
Heard Shri Zafeer Ahmad, learned counsel for applicants, learned AGA for the State and Sri Anand Kumar Srivastava, learned counsel for opposite party no. 2.
This application under Section 482 Cr.P.C. has been filed to quash the order dated 14.3.2019 passed by Judicial Magistrate, Amroha as well as entire proceedings of Case No. 426 of 2019 ( Rubi Vs. Shamsuddin and others) under sections 323, 498-A I.P.C. and section 4 of D.P. Act, P.S. Didauli, District J.P. Nagar pending in the court of Additional Judicial Magistrate, J.P. Nagar in the light of compromise deed.
Shri Anand Kumar Srivastava, learned counsel for opposite party no. 2 has submitted that the dispute has already been compromised between the parties and the Opposite party no. 2 does not want to further pursue the case against the applicants.
Learned counsel for the applicants has also submitted that a compromise has already been entered into between the applicants and opposite party no. 2, which has been annexed as Annexure-5 to the affidavit, wherein it has been stated that both parties have resolved their dispute out side of the court. The opposite party no. 2 does not want to further pursue the case No. 426 of 2019, Rubi Vs Samsuddin under section 498A, 323, I.P.C. and 4 of D.P. Act. The contents of the said compromise deed annexed as Annexure- 5 to the affidavit is admitted by the counsel for opposite party no. 2.
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 would be served by prolonging the proceedings of the above mentioned complaint case.
Accordingly, the proceedings of Case No. 426 of 2019 (Rubi Vs. Shamsuddin and others), under Sections 323, 498-A I.P.C. and section 4 of D.P. Act P.S. Didauli, district J.P. Nagar pending in the court Additional Judicial Magistrate, J.P. Nagara are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 6.6.2019 R