Court No. - 80
Case :- APPLICATION U/S 482 No. - 5262 of 2021 Applicant :- Vikas Bhatia Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Devendra Gupta Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Supplementary affidavit, filed by counsel for the applicant and affidavit, filed by counsel for the opposite party no.2 today in Court, are taken on record.
Heard learned counsel for the applicant, learned AGA for the State, Shri Saurabh Singh, 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 no. 01 of 2017 and entire proceedings of Case No. 584 of 2019 (State Vs. Vikas Bhatia and others), arising out of Case Crime No. 1402 of 2016, under Sections 498-A, 148, 149, 323, 342, 324, 354, 452, 504, 506, 427 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Kavi Nagar, District Ghaziabad, pending in the court of Additional Chief Judicial Magistrate IVth, Ghaziabad.
Learned counsel for the applicant has submitted that with the intervention of the respected members of the family, applicant 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 applicant has next submitted that in terms of the compromise deed, a sum of Rs.4,00,000/- has already paid to opposite party no.2 by the applicant, as such, entire proceedings, initiated against the applicant, be quashed.
Learned counsel for the opposite party no.2 has filed an affidavit today in Court and in para 5 of the said affidavit, opposite party no.2 has stated that she has received a sum of Rs.4,00,000/- and with the intervention of the respected members of the family, 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 applicant and also, she is no objection, if the entire criminal proceedings, initiated against the applicant, 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. 584 of 2019 (State Vs. Vikas Bhatia and others), arising out of Case Crime No. 1402 of 2016, under Sections 498-A, 148, 149, 323, 342, 324, 354, 452, 504, 506, 427 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Kavi Nagar, District Ghaziabad, pending in the court of Additional Chief Judicial Magistrate IVth, Ghaziabad, are hereby quashed.
This application under Section 482 CrPC is accordingly allowed. There shall be no order as to costs.
Order Date :- 30.7.2021 Nadim