Court No. - 45
Case :- APPLICATION U/S 482 No. - 38882 of 2018 Applicant :- Sunil Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
This application under Section 482 Cr.P.C. has been filed to quash the charge sheet No.Nil/2017 dated 22.12.2017 as well as entire proceedings of Case No.3325 of 2018 arising out of N.C.R. No.217/2017, under Section 507, IPC, P.S. Majhola, District Moradabad.
The submission is that the parties have entered into compromise outside the court. There was earlier matrimonial dispute between the brother of the applicant and opposite party No.2, which has been decided in terms of compromise and the proceedings have been quashed by this Court in Application U/S 482 No.21690 of 2018.
Shri Azad Khan, Advocate has put in appearance on behalf of O.P. No.2 and has made statement that the opposite party No.2 does not wishes to contest this case against the applicant, who is her brother-in-law (Devar) since the dispute with the husband had already come to an end.
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 proceedings of Case No.3325 of 2018 arising out of N.C.R. No.217/2017, under Section 507, IPC, P.S. Majhola, District Moradabad are, hereby, quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 27.10.2018 T. Sinha