Court No. - 45
Case :- APPLICATION U/S 482 No. - 46668 of 2018 Applicant :- Sharif Ahmad Khan And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Abrar Ahmad Siddiqui Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned AGA for the State.
This application under Section 482 Cr.P.C. has been filed to quash the entire proceeding of Case No.612 of 2012, State Vs. Sharif Ahmad & another arising out of Case Crime No.2823 of 2011, under Sections 420, 467, 468, 471 I.P.C., Police Station Baradari, District Bareilly.
The argument is that the parties have entered into compromise.
Sri Mohd. Kalim, Advocate, has put in appearance on behalf of opposite party no.2 and has filed short counter affidavit, duly supported by affidavit of opposite party no.2, admitting in paragraph nos.4 and 5 that the parties have entered into compromise and they do not want to proceed with the present case.
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 entire aforesaid proceedings are, hereby, quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 21.12.2018 SS