Lokesh and 10 Others v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 41766 of 2023 Applicant :- Lokesh And 10 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kant Dubey Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Shri Lavkush Dixit, learned counsel for opposite party no.2 has filed a counter affidavit today in Court, which is taken on record.

¶2Heard learned counsel for the applicants, learned AGA for the State, Shri Lavkush Dixit, 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 summoning order dated 04.10.2018 as well as entire proceedings of Complaint Case No. 835 of 2017 (Babita Vs. Lokesh), under Sections 406 IPC, Police Station Babugarh, District Hapur, pending in the court of Judicial Magistrate-II, Hapur.

¶4Learned counsel for the applicants has submitted that on account of matrimonial discord, the instant criminal case was instituted against the applicants, however subsequently, with the intervention of respected members of both the families, 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

06.10.2023 drawn between the parties, a copy of which has been annexed as Annexure-4 to this application.

¶6Learned counsel for the applicants has next submitted that in view of the said compromise, applicant no.1 has paid a sum of Rs.2,80,000/- in lieu of all her claims and dues and now nothing remains to be paid to her.

¶7Learned 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.

¶8Learned counsel for opposite party no.2 has also appeared and has filed a counter affidavit and in paragraph-8 of the said affidavit, the factum of said compromise has been acknowledged and it is stated that the said compromise has been made without any coercion, misrepresentation, pressure or undue influence. It has been further stated in paragraph 10 of the said affidavit that an amount of Rs.2,80,000/- has also been received by opposite party no.2 in lieu of all her claims and dues and now nothing remains to be paid to her. In paragraph 13, it is further stated that opposite party no.2 has no objection, if the entire proceedings are quashed.

¶9Learned AGA could not dispute the aforesaid facts.

¶10This Court is not unmindful of the judgements of the Apex Court in the cases of:-

(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. Wherein 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.

¶11Considering 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.

¶12Accordingly, the entire proceedings of Complaint Case No. 835 of 2017 (Babita Vs. Lokesh), under Sections 406 IPC, Police Station Babugarh, District Hapur, pending in the court of Judicial Magistrate-II, Hapur, are hereby quashed.

¶13This application under Section 482 CrPC is accordingly allowed. Order Date :- 6.12.2023 Subham High Court of Judicature at Allahabad