Court No. - 44
Case :- APPLICATION U/S 482 No. - 2041 of 2018 Applicant :- Tayyaba And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mr Vikas Sharma,Devendra Saini,Mr Sanjay Singh Counsel for Opposite Party :- A.G.A.,Sanjeev Kumar Trivedi
Hon'ble Rajeev Misra,J.
Heard Mr. Devendra Saini, learned counsel for the applicants, the learned A.G.A. for the State, and Mr. Sanjeev Kumar Trivedi, learned counsel for the opposite party No.2.
This application under Section 482 Cr.P.C. has been filed challenging the entire proceedings of Complaint Case No. 523 of 2017 (Bano Vs. Musharraf and Others), under Sections 323, 504, 506, IPC, P.S. Deoband, District Saharanpur as well as the entire proceedings of the above mentioned complaint case.
The present application came up for admission on 29.1.2018 and this Court passed the following order:-
"Heard applicants' counsel as well as learned AGA for the State and perused the record.
Submission of the counsel for the applicants is that applicant no.1 is married to son of opposite party no.2 and because of ill-treatment meted out to her a case u/s 498A etc I.P.C. had to be filed against opposite party side. Attention in this regard has been drawn to Annexure No.5. Contention is that because of the same reasons, the opposite party got further indignated, and therefore, in order to wreak vengeance and also to exert coercive pressure, the present entirely frivolous case has been filed. The malafides which motivated the opposite party have been emphasized and several submissions in order to expose the falsity of the allegations have been made. According to the counsel, the complaint in question has been filed only as an arm twisting device so that the applicants may not pursue the matter against the opposite party in right earnest. Submission is that malice behind the prosecution is apparent on the face of record and if the proceedings against the applicants are allowed to go on, it will result in the abuse of court's process.
Contentions raised at the bar require detailed hearing on law and facts both.
Notice on behalf of opposite party No.1 has been accepted by learned AGA.
Issue notice to the opposite party no.2 returnable within four weeks. Opposite party no.2 may file counter affidavit within three weeks after the service. Learned AGA may also file counter affidavit within the same period. Rejoinder affidavit may be filed within two weeks thereafter.
List this matter immediately after expiry of the aforesaid period before the appropriate bench.
Till the next date of listing, further proceedings of Complaint Case No.523 of 2017 (Bano vs. Musharraf and others), u/s 323, 504, 506 I.P.C., P.S.- Deoband, District-Saharanpur, pending in the court of learned Additional Chief Judicial Magistrate, Deoband, district-Saharanpur with regard to applicants namely Tayyaba, Musharraf and Mehrunish, shall remain stayed. "
Subsequently, it appears that during the pendency of the present application, the parties settled their dispute outside the Court. In view of the compromise so arrived at between the parties, a deed of compromise dated 20.4.2018 was filed before the Court below, which has been brought on record as Annexure 1 to the supplementary affidaivit dated 15.5.2018, filed on behalf of the applicants.
From the perusal of the aforesaid deed of compromise, it is explicitly clear that the applicants and the opposite party No.2 jointly prayed before the Court below that the complaint case referred to above be decided in terms of the deed of compromise so entered between the parties. This application, dated 20.4.2018, whereby it was prayed that the case be decided in terms of deed of compromise, has remained pending on account of interim order passed by this Court.
On the aforesaid factual premise, learned counsel for the applicants submits that since the dispute between the parties is purely a private dispute and the parties have amicably settled their dispute, by means of the compromise entered outside the court, which is further manifest from the deed of compromise dated 20.4.2018, no useful purpose would be served in keeping the above mentioned case pending. He further submits that instead of relegating the parties to the court below, this Court in exercise of its power under Section 482 Cr.P.C. can quash the proceedings of the above mentioned complaint case.
Mr. Sanjeev Kumar Trivedi, learned counsel for opposite party no.2, does not dispute the factum regarding the compromise so entered into between the parties. He submits that in view of the compromise so entered into between the parties, whereby they have amicably resolved their dispute, no cause of action survives with the opposite party no.2 to pursue the above mentioned complaint case.
This Court is not unmindful of the following judgements of the Apex Court:
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 complaint case.
Accordingly, the proceedings of Complaint Case No. 523 of 2017 (Bano Vs. Musharraf and Others), under Sections 323, 504, 506, IPC, P.S. Deoband, District Saharanpur, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 18.8.2018 Arshad