Allahabad High Court
Thakur Das Yadav And 3 Others vs State Of Up And Another on 2 August, 2019
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- APPLICATION U/S 482 No. - 29879 of 2019 Applicant :- Thakur Das Yadav And 3 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Dileep Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.
Sri Kamendra Singh, Advocate has filed his vakalatnama and a short counter affidavit on behalf of the Opposite Party No.2 today in Court, which is taken on record.
Heard learned counsel for applicants, learned AGA for the State as well as Sri Kamendra Singh, learned counsel for 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 NBW order dated 11.02.2019 as well as entire criminal proceedings of Special Trial No.228 of 2016 (State Vs. Thakur Das Yadav and others) in Case Crime No.120 of 2010, under Sections 352, 504, 506 IPC and Section 3(1)(10) of SC/ST Act and Section 27/30 of Arms Act, P.S. Katera, District- Jhansi.
On the matter being taken up, Sri Kamendra Singh, learned counsel for the opposite party no. 2 has stated that the dispute has already been compromised between the parties and he does not want to further pursue the criminal proceedings against the applicants.
Learned counsel for the applicants has also submitted that a compromise has already been entered into between the applicants and opposite party no.2 and that the parties have already settled their dispute outside the Court and on the intervention of respected members of the society, they had settled their dispute in order maintain harmonious and cordial relations between them.
Learned counsel for the Opposite Party No.2 has filed a short counter affidavit and in para 4 and 5 of the affidavit, it has been stated that the parties have already settled their dispute outside the Court and they do not want to further pursue the criminal proceedings, as such, criminal proceedings be 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 criminal proceedings of Special Trial No.228 of 2016 (State Vs. Thakur Das Yadav and others) in Case Crime No.120 of 2010, under Sections 352, 504, 506 IPC and Section 3(1)(10) of SC/ST Act and Section 27/30 of Arms Act, P.S. Katera, District- Jhansi are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 2.8.2019 Nadim