Dr. Keshav Agrawal v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 42558 of 2023 Applicant :- Dr. Keshav Agrawal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Kumar Mishra,Sanjay Shukla Counsel for Opposite Party :- G.A.,J.B. Singh Hon'ble Rajiv Gupta,J.

¶1Short counter afÏdavit filed by learned counsel for O.P. No.2 is taken on record.

¶2Heard learned counsel for the applicant, 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. 1826 of 2021, Praveen Kumar Bhatiya Vs. Dr. Keshav Agrawal and others, under section 406, 506 I.P.C. P.S. Quila District Bareilly passed by A.C.J.M, Court No.2, Bareilly on the basis of compromise dated 5.10.2023 entered between the parties.

¶4Learned counsel for the applicant has submitted that on account of monetary dispute the instant case was registered against the applicant. However, with the intervention of respected members of both the families, they have settled all their disputes and differences and now they do not have any grievance against each other.

¶5Learned counsel for the applicant has next drawn the attention of the Court to the settlement agreement dated 5.10.2023 drawn between the parties, copy of which has been filed as Annexure No. 5 to the application.

¶6Learned counsel for the applicant has next submitted that in view of the said compromise made between the parties, 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 has submitted that the entire amount has already been paid to him through a cheque which has been encashed by him as such he does not want to further contest this criminal proceeding.

¶8Learned counsel for applicants has next submitted, on instructions, that in view of the compromise made between both the parties, the O.P. No.2 has no objection, if the entire proceedings are quashed.

¶9Learned A.G.A. could not dispute the aforesaid facts.

¶10This Court is not unmindful of the judgement of the Hon'ble Apex Court passed in the case of Narindra Singh and others Vs. State of Punjab,

(2014) 6 SCC 466, Parbatbhai Aahir Vs. State of Gujarat, (2017) 9 SCC 641 and State of M.P. Vs. Laxmi Narayan, (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 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, entire proceedings of complaint case no. 1826 of 2021, Praveen Kumar Bhatiya Vs. Dr. Keshav Agrawal and others, under section 406, 506 I.P.C. P.S. Quila District Bareilly passed by A.C.J.M, Court No.2, Bareilly, are hereby quashed.

¶13This application under Section 482 Cr.PC is accordingly allowed. Order Date :- 13.12.2023 R High Court of Judicature at Allahabad