Allahabad High Court
Mohd. Shafik @ Hazi Naushe And 3 Ors vs State Of U.P. And Another on 11 August, 2021
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 80
Case :- APPLICATION U/S 482 No. - 2028 of 2019
Applicant :- Mohd. Shafik @ Hazi Naushe And 3 Ors
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Deepak Singh
Counsel for Opposite Party :- G.A.,Sharique Ahmed
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, learned AGA for the State and Sri Sharique Ahmad, learned counsel for opposite party no. 2.
This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the entire criminal proceedings of complaint case no. 1840 of 2018 arising out of Misc. Application No. 3581 of 2018, Hafiz Safan Vs. Pappu Pistol and others, under section 452, 323, 504, 506 I.P.C. P.S. Bekanganj, District Kanpur Nagar pending in the court of ACMM-IX Kanpur Nagar in term of compromise dt. 7.3.2020 entered into between the parties.
Learned counsel for the applicants has submitted that on account of minor skirmish the present criminal case was initiated against the applicants. However, subsequently with the intervention of respected members of both the families they have amicably settled their disputes and differences in order to maintain cordial and harmonious relations between them.
Learned counsel for the applicants has further submitted that in view of the aforesaid facts the proceedings of present case be quashed.
Learned counsel for O.P. No.2 has filed an affidavit of first informant in which in para 9 of the said affidavit he has stated that all the disputes and differences has already been settled between parties and in order to maintain cordial and harmonious relations between them, he has no objection if the entire proceedings of the present case are quashed.
This Court is not unmindful of the judgment of the Apex Court in the case of Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466 where the 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 the law expounded by the Apex court in the aforesaid case has been explained in detail.
Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the 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.
Accordingly, the proceedings of complaint case no. 1840 of 2018 arising out of Misc. Application No. 3581 of 2018, Hafiz Safan Vs. Pappu Pistol and others, under section 452, 323, 504, 506 I.P.C. P.S. Bekanganj, District Kanpur Nagar pending in the court of ACMM-IX Kanpur Nagar are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 11.8.2021
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