—
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. – 2024:AHC:5428
Court No. – 72
Case :- APPLICATION U/S 482 No. – 18263 of 2023
Applicant :- Sajid And 4 Others
Opposite Party :- State Of U.P.And Another
Counsel for Applicant :- Ram Raj Pandey,Shubham Pandey
Counsel for Opposite Party :- G.A.
Hon’ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicants, learned A.G.A. for the State-opposite party no.1 and perused the material placed on record.
This application under Section 482 Cr.P.C. has been filed for quashing entire proceedings of Case Crime No.0118 of 2018 (State Vs. Sajid others), under Sections 498A, 323, 504, 506, 354 I.P.C. Section 3/4 D.P. Act, P.S. Mahila Thana, District- Gautam Budh Nagar, pending in the court of Civil Judge (J.D.) F.T.C. 2, Crime Against Women, Gautam Budh Nagar in terms of the compromise entered into between parties on 27.05.2022.
It is submitted that on account of intervention of their well-wishers, a compromise has been arrived at between the parties. The said compromise has been filed before the court concerned which has been properly verified by the court concerned. The certified copy of the said compromise has been filed as Annexure-3 to the affidavit.
The attention of this Court has been drawn to the following judgements of the Apex Court:-
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.
In the aforesaid cases, 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.
In view of the above, the proceedings of the aforesaid Case Crime are hereby, quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Let a copy of this order be sent to trial court concerned within a week for communication and necessary action.
Order Date :- 11.1.2024
SP/-