Court No. - 80
Case :- APPLICATION U/S 482 No. - 1027 of 2021
Applicant :- Taj Mohammad And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Shambhu Nath,Krishna Mohan Tripathi,Sunil Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State, Shri Anurag Dubey, learned counsel for the first informant and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the criminal proceeding pursuant to the impugned charge sheet dated 13.09.2018 bearing Charge Sheet No.288/2018 registered as Criminal Case No.739 of 2020 (State vs. Taj Mohammad and Others), arising out of Case Crime No. 0183 of 2018, under Sections 452, 323, 504 and 506 IPC, Police Station Mawana, District Meerut, pending in the court of Judicial Magistrate, Mawana, District Meerut.
Learned counsel for the applicants has submitted that on account of minor scuffle between the parties, present criminal proceedings was instituted, however subsequently with the intervention of the respected members of both the families, the parties have amicably settled all their disputes and differences and now none of them has any grievance against each other. Learned counsel for the applicants has further pointed out that a settlement agreement dated 21.11.2020 was made between the parties, copy of which is annexed as annexure no.4 to this application.
Pursuant to the said compromise, this Court vide order dated 02.07.2021 has referred the matter to the Magistrate for its verification. The learned Magistrate vide his order dated 08.07.2021 has verified the said compromise made between the parties and has sent its report, a copy of which has been annexed with this application and forms part of this application. Learned counsel for the applicants has next submitted that in view of the compromise made between the parties, entire proceedings be quashed.
Learned counsel for respondent no.2 acknowledges the said compromise and states that the dispute between the parties has already been compromised and now no disputes and differences remains between them and he has no objection if the entire proceedings are quashed pursuant to the said compromise so that both the parties may live peacefully.
This Court is not unmindful of the judgement of the Hon'ble Apex Court in the case of Narindra Singh and others Vs. State of Punjab, ( 2014) 6 SCC 466, wherein Hon'ble 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 criminal proceeding pursuant to the impugned charge sheet dated 13.09.2018 bearing Charge Sheet No.288/2018 registered as Criminal Case No.739 of 2020 (State vs. Taj Mohammad and Others), arising out of Case Crime No. 0183 of 2018, under Sections 452, 323, 504 and 506 IPC, Police Station Mawana, District Meerut, pending in the court of Judicial Magistrate, Mawana, District Meerut, are hereby quashed.
This application under Section 482 CrPC is accordingly allowed. There shall be no order as to costs.
Order Date :- 29.10.2021 Ravi/-