Nashir Ali and 5 Others v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 10045 of 2023 Applicant :- Nashir Ali And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Kumar Kulshrestha Counsel for Opposite Party :- G.A.,Deep Chandra Joshi Hon'ble Rajiv Gupta,J.

¶1A supplementary affidavit has been filed today in Court, which is taken on record.

¶2Heard learned counsel for the applicants, learned AGA for the State, Shri Deep Chandra Joshi, learned counsel for opposite party no.2 and perused the records.

¶3This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceedings of Case No. 9099 of 2022 (State Vs. Nasir Ali and others), arising out of Case Crime No. 0202 of 2021, under Sections 498-A, 323, 506 IPC and 3/4 D.P. Act, Police Station Shahaganj, District Agra, pending in the court of Special Chief Judicial Magistrate, Agra.

¶4Learned counsel for the applicants has submitted that opposite party no.2 is the wife of applicant no.1 and other applicants are his family members.

¶5Learned counsel for the applicants has further submitted that on account of matrimonial discord, present criminal case has been instituted against the applicants by opposite party no.2, however subsequently, with the intervention of respected members of both the families and society, applicants and the opposite party no.2 have amicably and genuinely settled all their disputes and differences and now they do not have any grievance against each other.

¶6Learned counsel for the applicants has next drawn the attention of this Court to a settlement agreement dated

18.11.2022, drawn between the parties, a copy of which has been annexed as Annexure-5 to this application.

¶7Learned counsel for the applicants has next submitted that consequent to the said settlement agreement, the applicants approached to this Court and this Court vide its order dated

27.03.2023 had directed the parties to appear before the court below and file a copy of the said compromise deed, which shall be verified by the court below and after verification of the compromise, a report be submitted to this Court.

¶8Pursuant to the said order dated 27.03.2023, the parties appeared before the court below and in their presence, after due verification of the contents of the compromise made between the parties, the verification report dated 17.04.2023 has been forwarded to this Court, a copy of which has been annexed as Annexure SA-2 to the said affidavit.

¶9Learned counsel for the applicants has next submitted that in view of the said compromise as well as report of the court below and in order to maintain harmonious and cordial relations between the parties, entire proceedings against the applicants be quashed.

¶10Learned counsel for the opposite party no.2 has also appeared and has acknowledged the said compromise and it has been further stated, on instructions, that opposite party no.2 has no objection, if the entire proceedings are quashed.

¶11Learned AGA could not dispute the aforesaid facts.

¶12This 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.

¶12Wherein 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, law expounded by Hon'ble Apex Court in the aforesaid cases has been explained in detail.

¶13Considering 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.

¶14Accordingly, the entire proceedings of Case No. 9099 of 2022 (State Vs. Nasir Ali and others), arising out of Case Crime No. 0202 of 2021, under Sections 498-A, 323, 506 IPC and 3/4 D.P. Act, Police Station Shahaganj, District Agra, pending in the court of Special Chief Judicial Magistrate, Agra, are hereby quashed.

¶15This application under Section 482 CrPC is accordingly allowed. Order Date :- 3.11.2023 RKM High Court of Judicature at Allahabad