Allahabad High Court
Arvind Kumar Singh And Another vs State Of U.P.And Another 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. - 45847 of 2019 Applicant :- Arvind Kumar Singh And Another Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Gyanendra Prakash Srivastava Counsel for Opposite Party :- G.A.,Rishu Srivastav Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, learned AGA for the State as well as Shri Ravi Shankar Srivastava, Advocate holding brief of Shri Rishu Srivastav, 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 entire proceedings of Criminal Case No. 754 of 2009 (State Vs. Arvind Kumar Singh and others), arising out of Case Crime No. 870 of 2008, under Sections 419, 420, 467, 468 IPC, Police Station Sarai Lakhansi, District Mau, pending in the court of learned Judicial Magistrate, Mau, in the light of compromise dated 30.10.2019 arrived between the parties.
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 in view of the compromise arrived at between the parties, entire criminal proceedings initiated against the applicants be quashed.
On the other hand, Opposite Party No. 2 Smt. Chinta Singh @ Sudevi, who is present in the Court today and identified by Shri Ravi Shankar Srivastava, Advocate holding brief of Shri Rishu Srivastav has stated that she has filed an affidavit before this Court and in para 6 and 7 of the said affidavit, it has been categorically stated that she has amicably settled their dispute and does not want to further pursue the case against the applicants and 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. 754 of 2009 (State Vs. Arvind Kumar Singh and others), arising out of Case Crime No. 870 of 2008, under Sections 419, 420, 467, 468 IPC, Police Station Sarai Lakhansi, District Mau, pending in the court of learned Judicial Magistrate, Mau, 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