Case :- APPLICATION U/S 482 No. - 18672 of 2021 Applicant :- Yogendra Bahadur Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Short counter affidavit filed today in Court on behalf of opposite party no. 2 is taken on record.
Heard learned counsel for applicants, learned AGA for the State and Sri Tarkeshwar Mishra, 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 Complaint Case No. 2056 of 2000 (Subhash Chandra Rai Vs. Rajesh and others), under Sections 143, 144, 341, 352, 379, 447, 504 IP.C. P.S. Mahuli, District Sant Kabir Nagar pending in the court of C.J.M, Sant Kabir Nagar.
Learned counsel for applicant has submitted that on account of trivial dispute of forceful possession and theft of crops, present criminal proceeding was initiated against the applicant, however, subsequently with the intervention of respected members of both the family all disputes and differences have amicably been settled and now no grievance remains amongst them.
Learned counsel for the applicant has next submitted that in the said case statement under section 244 Cr.P.C. has not yet been recorded nor charges have been framed.
Learned counsel for applicant has next submitted that in order to maintain cordial and harmonious relations between them entire criminal proceedings be quashed.
Learned counsel for opposite party no. 2 has also filed an affidavit before this Court and in para 6 of the affidavit it has been categorically stated that both parties have amicably settled their disputes and a compromise has been entered into without any threat or coercion and out of their own free will and consent. It is further stated in para 7 of the affidavit that in view of compromise made between the parties the entire criminal proceeding be quashed in order to maintain harmonious and cordial relations between them.
This Court is not unmindful of the judgements of the Apex Court in the cases of:
1. Nikhil Merchant Vs. Central Bureau of
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 proceedings of Complaint Case No. 2056 of 2000 (Subhash Chandra Rai Vs. Rajesh and others), under Sections 143, 144, 341, 352, 379, 447, 504 IP.C. P.S.
Mahuli, District Sant Kabir Nagar pending in the court of C.J.M, Sant Kabir Nagar are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 29.10.2021 R