Allahabad High Court
Sunil Yadav And Anr vs State Of Up And Anr on 31 January, 2020
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 75 Case :- APPLICATION U/S 482 No. - 45455 of 2019 Applicant :- Sunil Yadav And Anr Opposite Party :- State Of Up And Anr Counsel for Applicant :- Anil Kumar Rai,Durgesh Kumar Singh Counsel for Opposite Party :- G.A.,Greesh Kumar Malviya Hon'ble Rajiv Gupta,J.
Compliance affidavit, filed by counsel for the applicants today in Court, is taken on record.
Heard learned counsel for applicants, learned AGA for the State as well as Shri Greesh Kumar Malviya, 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 applicants with the prayer to quash the cognizance order dated 27.06.2016 and entire proceedings of Criminal Case No. 2294 of 2016 (State Vs. Sunil Yadav and others), under Sections 353, 323, 506 IPC, Police Station Nawabad, District Jhansi.
Learned counsel for the applicants has submitted that the parties have already settled their dispute outside the Court on the intervention of the respected members of the society in order to maintain harmonious and cordial relations between them.
Learned counsel for the applicants has next submitted that compromise arrived at between the parties was filed before the court of CJM concerned and after verification of the same, a report dated 02.01.2020 has been submitted by CJM, Jhansi stating therein that the parties have already entered into a compromise and now, they do not want to further pursue the criminal proceedings against each other, as such, entire criminal proceedings initiated against the applicants be quashed.
On the other hand, learned counsel for the Opposite Party No.2 has also stated that the dispute has already been compromised between the parties and he does not want to further pursue the case against the applicants and 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 entire proceedings of Criminal Case No. 2294 of 2016 (State Vs. Sunil Yadav and others), under Sections 353, 323, 506 IPC, Police Station Nawabad, District Jhansi, are hereby quashed.
This application under Section 482 CrPC is accordingly allowed. There shall be no order as to costs.
Order Date :- 31.1.2020 Nadim