Case :- APPLICATION U/S 482 No. - 13936 of 2021 Applicant :- Vikash Singhaniya And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Singh Sengar,Ajay Singh Sengar Counsel for Opposite Party :- G.A.,Prashant Sharma
Hon'ble Rajiv Gupta,J.
Short counter /compromise affidavit filed on behalf of opposite party no. 2 is taken on record.
Heard learned counsel for applicants, learned AGA for the State and Sri Prashan Sharma, learned counsel for opposite party no. 2.
This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the order dated 10.7.2018 as well as further proceedings of Complaint Case No. 118 of 2017 (Smt. Priyanka Vs. Vikas and others), under Sections 498A, 323, 504, 506 IPC and 3/4 of D.P. Act, P.S. Ajeetmal, District- Auraiya, pending in the court of Judicial Magistrate, Auraiya.
Learned counsel for the applicants has submitted that applicant no. 1 was married to opposite party no. 2 on 25.3.2015 and after the said marriage on account of matrimonial discord, the instant criminal case has been initiated against the applicants. Learned counsel for the applicants has next submitted that the parties have entered into a compromise and have amicably settled all their disputes and differences and now no dispute remains between them and in order to maintain cordial and harmonious relations between them, entire criminal proceedings be quashed.
Learned counsel for opposite party no. 2 filed an affidavit and in paragraph no. 6 of the affidavit, it has been stated that parties have already entered into a compromise and she does not want to further pursue the instant criminal proceedings and she has no objections if the same 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
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 proceedings of Complaint Case No. 118 of 2017 (Smt. Priyanka Vs. Vikas and others), under Sections 498A, 323, 504, 506 IPC and 3/4 of D.P. Act, P.S. Ajeetmal, District- Auraiya, pending in the court of Judicial Magistrate, Auraiya, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 13.8.2021 KU