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Prashant Tiwari vs State Of U.P. And Another on 10 January, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 75

Case :- APPLICATION U/S 482 No. – 45633 of 2018

Applicant :- Prashant Tiwari

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Dharmendra Dhar Dubey

Counsel for Opposite Party :- G.A.,Sharique Ahmed

Hon’ble Rajiv Gupta,J.

Heard learned counsel for applicant, learned counsel for O.P. No.2 and learned AGA for the State.

This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the entire criminal proceeding of case no. 40536 of 2018, State of U.P. Vs. Prashant Tiwari and others, pending in the court of Special Chief Judicial Magistrate, Kanpur Nagar arising out of case crime no. 12 of 2018, under section 406 I.P.C. P.S. Govind Nagar, District Kanpur Nagar.

This Court vide order dated 14.12.2018 has referred the matter to the Mediation Centre in order to enable the parties to reach at amicable settlement. Pursuant to the said order the parties appeared before the mediation Centre and with the help of the Mediator the matter has already been settled between the parties and the settlement agreement dated 31.7.2019 has been drawn.

Learned counsel for the applicant has submitted that the disputed amount of Rs. 18.00 lacs has been paid by the applicant to O.P. No.2 and the same has been received by O.P. No.2 and no dispute remains between the parties as such the present proceeding against the applicant be quashed.

Learned counsel for O.P. No.2 has also stated that the amount of Rs. 18.00 lacs has already been received by him and the dispute has been amicably settled between the parties and he has no objection if the present 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 proceedings of case no. 40536 of 2018, State of U.P. Vs. Prashant Tiwari and others, pending in the court of Special Chief Judicial Magistrate, Kanpur Nagar arising out of case crime no. 12 of 2018, under section 406 I.P.C. P.S. Govind Nagar, District Kanpur Nagar. are hereby quashed.

The application is, accordingly, allowed. There shall be no order as to costs.

Order Date :- 10.1.2020

R

 

 

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