Case :- APPLICATION U/S 482 No. - 13910 of 2021 Applicant :- Vinay And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Salman Ahmad Counsel for Opposite Party :- G.A.,Saqib Meezan
Hon'ble Rajiv Gupta,J.
Sri Saqib Meezan, Advocate has filed vakalatnama on behalf of opposite party no 2, which is taken on record. Short counter affidavit filed today in Court on behalf of opposite party no. 2 is also taken on record.
Heard learned counsel for applicants, learned AGA for the State and Sri S.A. Hussain holding brief of Sri Saqib Meezan, learned counsel for opposite party no. 2.
This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the charge sheet dated 12.12.2020 as well as entire proceedings of Case No. 20 of 2021 (State Vs. Vinay & others) arising out of Case Crime No. 132 of 2020, under Sections 498A, 323, 452, 506 IPC and 3/4 of D.P. Act, P.S. Keliya, District- Jalaun, pending in the court of Addl. Chief Judicial Magistrate, Konch, Jalaun.
Learned counsel for the applicants has submitted that applicant no. 1 was married to opposite party no. 2 on 18.4.2018 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 nos. 7,8 and 9 of the affidavit, it has been stated that parties have amicably settled their disputes and 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
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 proceedings of Case No. 20 of 2021 (State Vs. Vinay & others) arising out of Case Crime No. 132 of 2020, under Sections 498A, 323, 452, 506 IPC and 3/4 of D.P. Act, P.S. Keliya, District- Jalaun, pending in the court of Addl. Chief Judicial Magistrate, Konch, Jalaun, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 13.8.2021 KU