Court No. - 80
Case :- APPLICATION U/S 482 No. - 8852 of 2021 Applicant :- Ved Prakash And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Purushottam Pandey Counsel for Opposite Party :- G.A.,Rajesh Kumar Mishra
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State, Shri Rajesh Kumar Mishra, learned counsel for the opposite party no. 2 and perused the record.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge-sheet dated 24.09.2019, cognizance order dated 06.01.2021 and entire proceedings of Case No. 28 of 2021 (State Vs. Ved Prasad and others), arising out of Case Crime No. 38 of 2019, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, District Bareilly, pending in the court of Chief Judicial Magistrate, Bareilly on the basis of compromise deed dated 06.01.2021.
Learned counsel for the applicants has submitted that with the intervention of the respected members of the family, applicants and the opposite party no.2 have compromised the matter and they have amicably settled all their disputes and differences in order to maintain harmonious and cordial relations between them.
Learned counsel for the applicants has next submitted that in view of the compromise deed dated 06.01.2021, entire proceedings, initiated against the applicants, be quashed.
Learned counsel for the opposite party no.2 has filed an affidavit in the Registry on 27.07.2021 and copy of which, has filed today in Court, which is taken on record. In para 4 and 5 of the said affidavit, opposite party no.2 has stated that with the intervention of the respected members of the society, they have amicably settled all their disputes and differences in order to maintain harmonious and cordial relations between them and she does not want to further pursue the criminal proceedings against the applicants and also, she is no objection, if the entire criminal proceedings, initiated against the applicants, be 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. 28 of 2021 (State Vs. Ved Prasad and others), arising out of Case Crime No. 38 of 2019, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, District Bareilly, pending in the court of Chief Judicial Magistrate, Bareilly, are hereby quashed.
This application under Section 482 CrPC is accordingly allowed. There shall be no order as to costs.
Order Date :- 29.7.2021 Nadim