Court No. - 80
Case :- APPLICATION U/S 482 No. - 26883 of 2021 Applicant :- Virendra Gupta And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Short counter affidavit filed on behalf of opposite party No. 2 today in Court, is taken on record.
Heard learned counsel for the applicants, learned AGA for the State, Shri Haider Ali, learned counsel for the opposite party no.2 and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire criminal proceedings of Case No. 10231 of 2019 (State Vs. Virendra Gupta and others), arising out of Case Crime No. 757 of 2018, under Sections 147, 448, 323, 506 IPC, Police Station- Cantt, District- Varanasi, pending in the court of Chief Judicial Magistrate, Varanasi.
Learned counsel for the applicants has submitted that on account of trivial dispute between the family members, instant criminal case was instituted by opposite party no.2 against the applicants, however with the intervention of the respected members of both the families, parties have settled all their disputes and differences and they do not have any grievance against each other. A compromise dated 13.10.2021 has been drawn between the parties, a copy of which has been annexed as Annexue No. 6 to this application.
Learned counsel for the applicants has next submitted that in view of the compromise made between the parties, entire criminal proceedings against the applicants be quashed.
Learned counsel for the opposite party no.2 has also appeared and filed an affidavit on behalf of opposite party No. 2 and in paragraph nos. 5 and 7 of the affidavit, opposite party No. 2 has acknowledged the compromise dated 13.10.2021 and has submitted that said compromise has been made between the parties out of his own free-will and volition and he has no objection if the entire proceedings are quashed against the applicant.
This Court is not unmindful of the judgement of the Hon'ble Apex Court in the case of Narindra Singh and others Vs. State of Punjab, ( 2014) 6 SCC 466, wherein Hon'ble 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. 10231 of 2019 (State Vs. Virendra Gupta and others), arising out of Case Crime No. 757 of 2018, under Sections 147, 448, 323, 506 IPC, Police Station- Cantt, District- Varanasi, pending in the court of Chief Judicial Magistrate, Varanasi, are hereby quashed.
This application under Section 482 CrPC is accordingly allowed. There shall be no order as to costs.
Order Date :- 20.12.2021 KU