Court No. - 80
Case :- APPLICATION U/S 482 No. - 11112 of 2020
Applicant :- Vitesh Rajpal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Agarwal Counsel for Opposite Party :- G.A.,Kashif Zaidi
Hon'ble Rajiv Gupta,J.
Affidavit filed today in Court on behalf of opposite party no. 2 is taken on record.
Heard Sri Rahul Agarwal, learned counsel for applicants, learned AGA for the State and Sri Kashif Zaidi, learned counsel for opposite party no. 2.
This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the entire proceedings of Case No. 2700971 of 2019 arising out of Case Crime No. 0999 of 2018 under Sections 498-A, 323, 406, 504 I.P.C. and 3/4 D.P. Act, police station New Agra, District Agra pending in the court of Addl. Chief Judicial Magistrate, Agra.
Learned counsel for the applicants has submitted that on account of matrimonial discord, F.I.R. of the present case was lodged by opposite party no. 2 against the applicants. However, subsequently, with the intervention of common relatives and respected persons of both the families, the parties have entered into a compromise and have amicably settled all their disputes and differences, for which, an agreement dated 16th February, 2021 has also been drawn and pursuant to the said agreement a some of Rs. 15 lacs has been paid to the opposite party no. 2 in full and final settlement of all the alimony and dues and now nothing remains to be paid by the applicant to opposite party no. 2. He submits that in view of the fact that all the disputes have already been settled between the parties, entire proceedings of the instant case be quashed.
Learned counsel for opposite party no. 2 has also filed an affidavit stating therein that an amicable settlement have been arrived at between the parties. He also admitted the fact that in terms of the agreement dated 16th February, 2021, Rs. eight lacs has already been paid to opposite party no. 2 and today a demand draft of Rs. seven lacs dated 15th June, 2021 bearing no. 013741 drawn on HDFC bank has been handed over to him by the counsel for the applicant. He submits that he has been authorized by opposite party no. 2 to receive the said demand draft on her behalf. It has been submitted by him that parties have already entered into a compromise and as such he has no objection if the entire criminal proceedings are 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 proceedings of Case No. 2700971 of 2019 arising out of Case Crime No. 0999 of 2018 under Sections 498-A, 323, 406, 504 I.P.C. and 3/4 D.P. Act, police station New Agra, District Agra pending in the court of Addl. Chief Judicial Magistrate, Agra, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 29.7.2021 Shiraz