Court No. - 80
Case :- APPLICATION U/S 482 No. - 13446 of 2021 Applicant :- Suhail @ Jubi And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Singh Counsel for Opposite Party :- G.A.,Pramod Kumar Singh
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State, Shri P.K.Singh, learned counsel for the Opposite Party No. 2 and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceedings of case no. 2751 of 2019, State Vs. Suhail Alias Jubi and others, arising out of case crime no. 303 of 2019, under Sections 498-A, 323 IPC and Section 3/4 of D.P. Act, Police Station Hapur Nagar, District Hapur, pending in the court of Civil Judge (Jr. Div)3rd, Hapur on the basis of compromise executed between the parties.
Learned counsel for the applicants has submitted that Opposite Party No.2 is the wife of applicant no.1 and on account of matrimonial discord, present FIR has been lodged against the applicants under Sections 498-A, 323 IPC and Section 3/4 of D.P. Act, however, with the intervention of respected members of both the family, they have amicably settled all their disputes and differences and a settlement agreement dated 23.2.2021 was made between the parties, copy of which has been annexed as Annexure No. 3 to the application.
This Court vide order dated 2.9.2021 has referred the mater to the court below for verification of the compromise made between the parties. Pursuant to the said order dated 2.9.2021, the compromise has been verified by the court below and a report dated 1.11.2021 has been submitted which is part of the record.
Learned counsel for the applicants has next submitted that in view of the compromise deed as well as report dated 1.11.2021 of the court below, entire proceedings of Case No. 2751 of 2019 against the applicants be quashed.
Learned counsel for the Opposite Party No.2 has also filed an affidavit on behalf of O.P. No..2 and in para 5 and 8 of the affidavit, the settlement agreement dated 23.2.2021 has been acknowledged and it has been stated that in view of compromise made between the parties, O.P. No.2 has no objection if the entire proceeding against the applicant is quashed.
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 case.
Accordingly, the entire proceedings of Case No. case no. 2751 of 2019, State Vs. Suhail Alias Jubi and others, arising out of case crime no. 303 of 2019, under Sections 498-A, 323 IPC and Section 3/4 of D.P. Act, Police Station Hapur Nagar, District Hapur, pending in the court of Civil Judge (Jr. Div) 3rd, Hapur are hereby quashed.
This application under Section 482 CrPC is accordingly allowed. There shall be no order as to costs.
Order Date :- 21.12.2021 R