Court No. - 80
Case :- APPLICATION U/S 482 No. - 12389 of 2021 Applicant :- Vineet Varshney @ Vineet Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Tripathi Counsel for Opposite Party :- G.A.,Shanti Dhar Dwivedi
Hon'ble Rajiv Gupta,J.
Counter affidavit filed by Shri Shanti Dhar Dwivedi, on behalf of O.P. No.2 is taken on record.
Heard learned counsel for the applicant, learned AGA for the State, Shri Shanti Dhar Dwivedi, learned counsel for the Opposite Party No. 2 and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the entire proceedings of case crime no. 0565 of 2020, u/s 354 Ga I.P.C. and 67A Information Technology Act 2008, P.S. Bahjoi, District Sambhal, pending in the court of C.J.M, Sambhal (Chandausi).
Learned counsel for the applicant has submitted that on account of some mis-understanding between the parties, the instant criminal case was instituted against the applicants, however, subsequently with the intervention of the respected members of both the family, applicant and the Opposite Party No.2 have amicably settled all their disputes and differences and a settlement agreement dated 15.11.2021 has been drawn between the parties, copy of which has been annexed as Annexure No.1 to the supplementary affidavit and now they have no grievance against each other.
Learned counsel for the applicants has next submitted that in view of the compromise made between the parties entire proceeding against the applicant be quashed in order to maintain harmonious and cordial relations between them.
Learned counsel for the Opposite Party No.2 has also appeared and has filed an affidavit on behalf of O.P. No.2 and in para 6 of the affidavit, the factum of amicable settlement of dispute has been acknowledged and it has been stated that O.P. No.2 does not want to further pursue the proceeding against the applicant. It is further stated that O.P. No. 2 has no objection, if the entire proceeding against the applicant is quashed.
This Court is not unmindful of the judgements of the Apex Court in the cases of :-
1. . Nikhil Merchant Vs. Central Bureau of Investigation [2008) 9 SCC 677].
2. Manoj Sharma Vs. State and others ( 2008) 16 SCC 1.
3. Gian Singh Vs. State of Punjab (2012) 10 SCC 303.
4. 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 proceeding of case crime no. 0565 of 2020, u/s 354 Ga I.P.C. and 67A Information Technology Act 2008, P.S. Bahjoi, District Sambhal, pending in the court of C.J.M, Sambhal (Chandausi) are hereby quashed.
This application under Section 482 Cr.PC is accordingly allowed. There shall be no order as to costs.
Order Date :- 20.12.2021 R