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Sushil Sharma @ K.K. Sharma And 5 … vs State Of U.P. And Another on 12 February, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 76

Case :- APPLICATION U/S 482 No. – 24702 of 2019

Applicant :- Sushil Sharma @ K.K. Sharma And 5 Others

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

Counsel for Applicant :- Rajesh Yadav

Counsel for Opposite Party :- G.A.

Hon’ble Mrs. Manju Rani Chauhan,J.

Heard Mr. Rajesh Yadav, learned counsel for the applicants and learned A.G.A. for the State.

This application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Case No. 2264 of 2014 (Smt. Ranjana Sharma Vs. Sushil Sharma @ K.K. Sharma and others), under Section 12 Protection of Women from Domestic Violence Act, 2005, Police Station – Shahganj, District – Agra, pending in the court of learned VII Additional Chief Judicial Magistrate, Agra.

In the present case a compromise has already taken place between the parties before the Mediation and Conciliation Centre of this Court. Report has also been sent by the Mediation Centre along with settlement agreement dated 20.01.2020, which is quoted as under:

“7) The following settlement has been arrived at between the Parties hereto:

a) That the parties have settled their dispute and decided take mutually divorce and in this regard they have filed a petition u/s 13-B of the Hindu Marriage Act before the Family Court, Agra which is registered as Petition No. 26 of 2020. The certified copy of aforesaid divorce petition is being annexed to this settlement-agreement for kind perusal of the Hon’ble Court.

b) That the parties have settled their dispute on the condition that the applicant-husband shall pay a permanent alimony including Stridhan of Rs.8,00,000/- (Rupees Eight Laksh only) to the wife Ranjana Sharma.

c) That the demand draft bearing no. 218271 dated 11.12.2019 for Rs. 4,00,000/- (Rupees Four Lakhs only) drawn on Canara Bank in favour of wife namely Ranjana Sharma and which has been handed over to the wife i.e. O.P. No. 2 today i.e. 20.01.2020 by the applicant-husband and she has acknowledged the receipt of the same.

d) That the remaining amount i.e. Rs. 4,00,000/- shall be paid by the husband to the wife through demand draft at the time of final decree of the mutual divorce petition in Family Court, Agra.

e) That it has been agreed between the parties that the Complaint Case No. 619 of 2015 (Ranjana Sharma Vs. Sushil Sharma) under Section 406 IPC pending before the Court of ACJM-IV, Agra shall be withdrawn by both the parties.

f) That it has been agreed between the parties that the all criminal and civil cases filed by them against each other shall be withdrawn/get quashed by them by taking appropriate steps before the Court/Authorities concerned in view of this settlement-agreement.

g) That thereafter parties have no further claim against each other in any manner whatsoever regarding present matrimonial dispute.

h) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement, otherwise the aggrieved party will be free to take legal course. ”

Before proceeding any further it shall be apt to make a brief reference to the following cases :

(i) B.S. Joshi and others Vs. State of Haryana and another (2003)4 SCC 675;

(ii) Nikhil Merchant Vs. Central Bureau of Investigation (2008)9 SCC 677;

(iii) Manoj Sharma Vs. State and others ( 2008) 16 SCC 1;

(iv) Gian Singh Vs. State of Punjab (2012) 10 SCC 303;

(v) Narindra Singh and others Vs. State of Punjab (2014) 6 SCC 466;

In the aforesaid judgments, the Hon’ble Apex Court has categorically held that the 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 expatiated in detail.

From a perusal of the record, it appears, the real dispute between the parties were civil and private in nature and criminal prosecution arose incidentally and not as a natural consequence of the real occurrence. It is further apparent that the parties have entered into a compromise and they further appear to have settled their aforesaid real disputes amicably. The opposite party no. 2, who would be a key prosecution witness, if the trial were to proceed, has declared his unequivocal intent to turn hostile at the trial. In such circumstances, it is apparent that merits and truth apart, the proceedings in trial, if allowed to continue, may largely be a waste of precious time by the learned court below.

Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties regarding the compromise entered into between 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 as the parties have already settled their dispute.

Accordingly, the entire proceeding of Case No. 2264 of 2014 (Smt. Ranjana Sharma Vs. Sushil Sharma @ K.K. Sharma and others), under Section 12 Protection of Women from Domestic Violence Act, 2005, Police Station – Shahganj, District – Agra, pending in the court of learned VII Additional Chief Judicial Magistrate, Agra, is hereby quashed.

The present 482 Cr.P.C. application is, accordingly, allowed. There shall be no order as to costs.

Order Date :- 12.2.2020

Priya

 

 

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