Court No. - 72

Case :- APPLICATION U/S 482 No. - 10028 of 2022

Applicant :- Rishi Verma And 3 Others

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Shams Uz Zaman

Counsel for Opposite Party :- G.A.,Mukesh Kumar Pandey

Hon'ble Umesh Chandra Sharma,J.

Heard learned counsel for the applicants, learned counsel for

opposite party no.2, learned A.G.A. for the State and perused

the record.

This application has been moved with the prayer to quash the

entire criminal proceedings of Case No.3635 of 2021 arising

out of Case Crime No.03 of 2021, under Sections 498-A, 323,

354, 354-A, 504, 506 IPC and Section 3/4 DP Act, Police

Station Loni Border, District Ghaziabad pending in the Court of

Additional Civil Judge (Senior Division)/Additional Chief

Judicial Magistrate, Ghaziabad.

Learned counsel for the applicants and learned counsel for the

opposite party no.2 submits that parties settled the matter by

way of compromise, copy of the report of verified compromise

deed is filed today before the Court, hence proceeding and

impugned order is liable to be quashed.

The attention of this Court has been drawn to the following

judgements of the Apex Court:-

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.

In the aforesaid cases, the 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 the law expounded by the Apex court in

the aforesaid cases 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 would be served by prolonging the proceedings of the

above mentioned cases.

The application is, accordingly, allowed.

In view of the above, the proceedings of the aforesaid case are

hereby, quashed.

Order Date :- 19.1.2023

Shahroz

Digitally signed by :-

SHAHROJ ALAM

High Court of Judicature at Allahabad