Court No. - 81
Case :- APPLICATION U/S 482 No. - 260 of 2021 Applicant :- Shudhanshu Pal Singh And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Vivek Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Sri P.H. Vashishtha, Advocate has filed Vakalatnama on behalf of opposite party no. 3 in Court today, which is taken on record.
Heard Sri Vivek Kumar Singh, learned counsel for the applicants, Sri P.H. Vashishtha, learned counsel for opposite party no. 3 and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for challenging charge sheet dated 03.03.2020 as well as the entire proceedings of Case no. 21705 of 2020 (State vs. Shudhanshu Pal Singh and others), under Sections 498A, 323, 504 & 506 I.P.C., Police Station New Agra, District - Agra, pending in the court of Chief Judicial Magistrate, Agra.
It has been submitted by learned counsel for the applicants that parties have settled their dispute at the Mediation Centre at District Bangalore.
Learned counsel for opposite party no. 3 states that parties have amicably settled their dispute as is clear from the report of the Mediation Centre dated 29.07.2020, copy of which order has been annexed as Annexure 4 of this application.
This Court is not unmindful of the following judgments of the Apex Court:
a) B.S. Joshi and others Vs. State of Haryana and Another;
(2003) 4 SCC 675;
b) Nikhil Merchant Vs. Central Bureau of Investigation;
(2008) 9 SCC 677;
c) Manoj Sharma Vs. State and Others; (2008) 16 SCC 1;
d) Gian Singh Vs. State of Punjab; (2012) 10 SCC 303;
e) Narindra Singh and others Vs. State of Punjab; (2014) 6 SCC 466;
In the aforesaid judgments, 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. & 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 case as the parties have already settled their dispute.
Accordingly, the proceedings of Case no. 21705 of 2020 (State vs. Shudhanshu Pal Singh and others), under Sections 498A, 323, 504 & 506 I.P.C., Police Station New Agra, District - Agra, pending in the court of Chief Judicial Magistrate, Agra, are hereby quashed.
This Application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 13.1.2021 Priya