Smt. Pragati and 2 Others v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 36481 of 2023 Applicant :- Smt. Pragati And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harish Chandra Mishra Counsel for Opposite Party :- G.A.,Vishesh Kumar Hon'ble Rajiv Gupta,J.

¶1Short counter afÏdavit filed by Shri Vishesh Kumar on behalf of O.P. No.2 is taken on record.

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

¶3This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceeding of complaint case no. 43 of 2022, Ghanshyam Das Sahu Vs. Omveer and others, u/s 392, 323, 504, 506 I.P.C., P.S. Nawabad, District Jhansi, pending in the court of Special Judge (D.A.A.Act), Jhansi as well as summoning order dated

19.7.2023 passed by Special Judge, (D.A.A.Act), Jhansi.

¶4Learned counsel for the applicants has submitted that O.P. No.2 is father-in-law of applicant no.1 and other applicants are brother and mother of applicant no. 1 and on account of matrimonial discord, the instant criminal case was registered against the applicants. However, subsequently, with the intervention of respected members of both the families, the parties have settled all their disputes and differences and now, they do not have any grievance against each other.

¶5Learned counsel for the applicants has next drawn the attention of the Court to the settlement agreement dated 31.10.2023 drawn between the parties, copy of which has been filed as Annexure No. C.A-1 to the short counter afÏdavit.

¶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 them, the entire criminal proceedings be quashed.

¶7Learned counsel for O.P. No. 2 has also appeared and has filed a short counter afÏdavit on behalf of O.P. No.2 and in para 5 of the short counter afÏdavit, the said compromise has been acknowledged. In para 11 of the short counter afÏdavit it has been further stated that O.P. No.2 has no objection if the entire proceedings are quashed.

¶8Learned A.G.A could not dispute the aforesaid facts.

¶9This 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. 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 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, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned case.

¶11Accordingly, the entire proceedings of complaint case no. 43 of 2022, Ghanshyam Das Sahu Vs. Omveer and others, u/s 392, 323, 504, 506 I.P.C., P.S. Nawabad, District Jhansi, pending in the court of Special Judge (D.A.A.Act), are hereby quashed.

¶12This application under Section 482 CrPC is accordingly allowed. Order Date :- 7.12.2023 R High Court of Judicature at Allahabad