Wazid Hussain and Anr v. State of U.P. and Anr

Court No. - 86 Case :- APPLICATION U/S 482 No. - 1884 of 2018 Applicant :- Wazid Hussain And Anr. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Mr A.K. Mishra Counsel for Opposite Party :- A.G.A.,Atharva Dixit,Aushim Luthra,Pratik J. Nagar,Ramkinkar Upadhyay Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicants, learned AGA for the State, learned counsel for opposite party no.2 and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed with the prayer to quash charge-sheet dated 26.06.2017 and summoning/cognizance order dated 09.11.2017 as well as entire proceedings of Case No. 7568 of 2017 (State Vs. Wazid Hussain and others), arising out of Case Crime No. 373 of 2017, under Sections 147, 352, 504, 506, 420, 467, 468, 471, 211, 388 and 389 IPC, Police Station Bilaspur, District Rampur, pending in the court of C.J.M., Rampur.

¶3Learned counsel for the applicants has submitted that on account of property dispute, the instant criminal case was instituted against the applicants, however subsequently, with the intervention of respected members of the family and society, the parties have amicably and genuinely settled their all disputes and differences in order to maintain harmonious and cordial relations between them and now, they do not have any grievance against each other.

¶4Learned counsel for the applicants has next drawn the attention of this Court to the compromise deed dated

09.01.2023 drawn between the parties, a copy of which has been annexed as Annexure-SA1 to the supplementary affidavit.

¶5Learned counsel for the applicants has next submitted that in view of the said compromise and in order to maintain harmonious and cordial relations between the parties, entire proceedings against the applicants be quashed.

¶6Learned counsel for opposite party no.2 has also appeared and has filed a short counter affidavit wherein in paragraph 17, the factum of said compromise has been acknowledged. It is further stated in paragraph 18 of the said affidavit that opposite party no.2 does not want to further pursue the criminal proceedings against the applicants and has no objection if the entire proceedings are quashed.

¶7Learned AGA could not dispute the aforesaid facts.

¶8This Court is not unmindful of the judgement of the Hon'ble Apex Court in the case of Narindra Singh and others Vs. State of Punjab, ( 2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat

(2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan

(2019) 5 SCC 688, wherein Hon'ble 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, law expounded by the Hon'ble Apex Court in the aforesaid cases has been explained in detail.

¶9Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case.

¶10Accordingly, the entire proceedings of Case No. 7568 of 2017 (State Vs. Wazid Hussain and others), arising out of Case Crime No. 373 of 2017, under Sections 147, 352, 504, 506, 420, 467, 468, 471, 211, 388 and 389 IPC, Police Station Bilaspur, District Rampur, pending in the court of C.J.M., Rampur, are hereby quashed.

¶11This application under Section 482 CrPC is accordingly allowed. Order Date :- 12.10.2023 Subham High Court of Judicature at Allahabad