Gaurav Sharma and Another v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 40485 of 2023 Applicant :- Gaurav Sharma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamal Singh Counsel for Opposite Party :- G.A.,Ram Charan Lal Hon'ble Rajiv Gupta,J.

¶1Short counter affidavit filed by learned counsel for opposite party no.2 today in court is taken on record.

¶2Heard learned counsel for the applicants, learned AGA for the State, Ram Charan Lal, learned counsel for O.P. No. 2 and perused the record.

¶3This application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge sheet dated 24.06.2022 and cognizance/summoning order dated 10.10.2022 as well as the entire proceeding of Criminal Case No. 2868 of 2022 State Vs. Gaurav Sharma and another) arising out of Case Crime No. 412 of 2022, under sections 406, 506 IPC, Police Station Baradari, District Bareilly. pending in the court of Addl. Chief Judicial Magistrate-I, Bareilly.

¶4Learned counsel for the applicants has submitted that on account of monetary dispute between the parties, the instant criminal proceedings was instituted against the applicants by opposite party No. 2, 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.

¶5Learned counsel for the applicants has next drawn the attention of this Court to the compromise deed dated

25.10.2023 drawn between the parties, a copy of which has been annexed as Annexure 5 to this application.

¶6Learned 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.

¶7Learned counsel for opposite party no.2 has also appeared and has filed a short counter affidavit and in paragraph 6 of the said affidavit, the factum of said compromise has been acknowledged. It is further stated in paragraph 11 of the said affidavit that opposite party no.2 has no objection, if the entire proceedings are quashed.

¶8Learned AGA could not dispute the aforesaid facts.

¶9This 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.

¶10Considering 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.

¶11Accordingly, the entire proceedings of Criminal Case No. 2868 of 2022 State Vs. Gaurav Sharma and another) arising out of Case Crime No. 412 of 2022, under sections 406, 506 IPC, Police Station Baradari, District Bareilly. pending in the court of Addl. Chief Judicial Magistrate-I, Bareilly, are hereby quashed.

¶12This application under Section 482 CrPC is accordingly allowed. Order Date :- 30.11.2023 RPD High Court of Judicature at Allahabad