Allahabad High Court
Pushpendra Alias Rinku vs State Of U.P. And Another on 10 August, 2023
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:162170
Court No. - 86
Case :- APPLICATION U/S 482 No. - 33763 of 2016
Applicant :- Pushpendra Alias Rinku
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ray Sahab Yadav,Babul Kumar Sharma
Counsel for Opposite Party :- G.A.,Santosh Kumar,Subhash Kehari,Sunil Vashisth
Hon'ble Rajiv Gupta,J.
1. Heard learned counsel for the applicant, learned AGA for the State, learned counsel for opposite party no.2 and perused the record.
2. This application under Section 482 Cr.P.C. has been filed with the prayer to quash charge-sheet no. 93 of 2016 dated 29.08.2016 and cognizance order dated 01.10.2016 as well as entire proceedings of Criminal Case No. 591 of 2016 (State Vs. Pushpendra alias Rinku), arising out of Case Crime No. 120 of 2016, under Sections 323, 504, 506 IPC and Section 3(1)X SC/ST Act, Police Station Tahrauli, District Jhansi, pending in the court of Special Judge, SC & ST Act, Jhansi.
3. Learned counsel for the applicant has submitted that parties are next door neighbours and on account of some misunderstandings and misgivings, 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.
4. Learned counsel for the applicant has next drawn the attention of this Court to the compromise deed dated 05.09.2022 drawn between the parties, a copy of which has been annexed as Annexure-1 to the short counter affidavit filed on behalf of opposite party no.2.
5. Learned counsel for the applicant 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 applicant be quashed.
6. Learned counsel for opposite party no.2 has also appeared and in paragraph 7 of the short counter affidavit, it has been stated that parties are next door neighbours and the factum of said compromise has also been acknowledged. It is further stated in paragraph 9 and 10 that in order to maintain harmonious and cordial relations between the parties, opposite party no.2 has no objection if the entire proceedings are quashed.
7. Learned AGA could not dispute the aforesaid facts.
8. Learned counsel for the applicants has also placed reliance upon the judgment passed by Hon'ble Apex Court in Ramawatar Vs. State of Madhya Pradesh reported in LL (2021) SC 589.
9. This 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.
10. Considering 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.
11. Accordingly, the entire proceedings of Criminal Case No. 591 of 2016 (State Vs. Pushpendra alias Rinku), arising out of Case Crime No. 120 of 2016, under Sections 323, 504, 506 IPC and Section 3(1)X SC/ST Act, Police Station Tahrauli, District Jhansi, pending in the court of Special Judge, SC & ST Act, Jhansi, are hereby quashed.
12. This application under Section 482 CrPC is accordingly allowed.
Order Date :- 10.8.2023
Subham
