Naveen Kumar Jain v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 23267 of 2023 Applicant :- Naveen Kumar Jain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Gupta Counsel for Opposite Party :- G.A.,Ankit Singh Hon'ble Rajiv Gupta,J.

¶1Learned counsel for the applicant has filed a supplementary affidavit today in Court, which is taken on record.

¶2Heard learned counsel for the applicant, learned AGA for the State, Shri Sheetla Prasad, learned counsel holding brief of Shri Ankit Singh, learned counsel for opposite party no.2 and perused the record.

¶3This application under Section 482 Cr.P.C. has been filed with the prayer to quash charge-sheet no.62 of 2009 dated 18.02.2009 as well as entire proceedings of Case No.498 of 2009 (State of U.P. Vs. Naveen Kumar Jain and others), arising out of Case Crime No.357 of 2008, under Sections 420, 467, 468 IPC, Police Station Deoband, District Saharanpur, pending in the court of A.C.J.M., Deoband, District Saharanpur.

¶4Learned counsel for the applicant has submitted that on account of property dispute, the instant criminal case was instituted against the applicant, 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 applicant has next drawn the attention of this Court to the compromise deed dated

21.12.2021 drawn between the parties, a copy of which has been annexed as Annexure-12 to this application.

¶6This Court vide its order dated 30.06.2023 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.

¶7Pursuant to the said order dated 30.06.2023, the parties appeared before the court below and in their presence, after due verification of the contents of the compromise made between the parties, an order dated

02.08.2023 has been passed by the court below verifying the said compromise, a copy of which has been annexed as Annexure-SA1 to the supplementary affidavit.

¶8Learned counsel for the applicant has next submitted that in view of the said compromise as well as order of the court below and in order to maintain harmonious and cordial relations between the parties, entire proceedings against the applicant be quashed.

¶9Learned counsel for opposite party no.2 has also appeared and has acknowledged the said compromise. It is further stated, on instructions, that opposite party no.2 has no objection if the entire proceedings are quashed.

¶10Learned AGA could not dispute the aforesaid facts.

¶11This 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.

¶12Considering 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.

¶13Accordingly, the entire proceedings of Case No.498 of 2009 (State of U.P. Vs. Naveen Kumar Jain and others), arising out of Case Crime No.357 of 2008, under Sections 420, 467, 468 IPC, Police Station Deoband, District Saharanpur, pending in the court of A.C.J.M., Deoband, District Saharanpur, are hereby quashed.

¶14This application under Section 482 CrPC is accordingly allowed. Order Date :- 12.12.2023 Subham High Court of Judicature at Allahabad