Court No. - 80
Case :- APPLICATION U/S 482 No. - 14276 of 2021 Applicant :- Yogendra Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vipin Chandra Pandey Counsel for Opposite Party :- G.A.,Kaushlesh Datt Shukla
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 Kaushlesh Datt Shukla, 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 summoning order dated 14.12.2017 as well as further proceedings of Case No. 25194 of 2017 (State Vs. Natthi Lal and another), arising out of Case Crime No. 28 of 2017, under Sections 419, 420, 120-B IPC, Police Station- Etmaddaula, District- Agra, pending in the court of Addl. Chief Judicial Magistrate, Court No. 7, Agra.
Learned counsel for the applicants has submitted that on account of trivial dispute, instant criminal case was registered by opposite party no.2 against the applicants, however with the intervention of the respected members of both the families, applicants and the opposite party no.2 have settled all their disputes and differences and now they do not have any grievance against each other. A settlement-agreement dated 11.4.2018 was also made between the parties, a copy of which has been annexed as Annexure 3 to this application.
On the basis of settlement-agreement, this court vide order dated 26.8.2021 had referred the matter to the court below for verification of the compromise document. Pursuant to the said order, compromise document was sent before the court below, which has been verified vide order dated 1.10.2021, which forms part of this application.
Learned counsel for the applicant has next submitted that in view of the said compromise, the entire proceedings be quashed.
Learned counsel for the opposite party no.2 has filed an affidavit and has also acknowledged the said settlement-
agreement and in paragraphs 5, 6, 7, 8 and 9, it has been stated that all disputes and differences have amicably been settled between them and now they have no grievance against each other and he has no objection if the entire criminal proceedings are quashed.
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. 25194 of 2017 (State Vs. Natthi Lal and another), arising out of Case Crime No. 28 of 2017, under Sections 419, 420, 120-B IPC, Police Station- Etmaddaula, District- Agra, pending in the court of Addl. Chief Judicial Magistrate, Court No. 7, Agra, are hereby quashed.
This application under Section 482 CrPC is accordingly allowed. There shall be no order as to costs.
Order Date :- 28.10.2021 KU