Court dismissed proceedings of Criminal Case No.720 of 2011 under Sections 420, 467, 468, 471, 120-B IPC allowed application under Section 482 Cr.P.C. to quash proceedings due to a compromise between parties.
Proceedings of Criminal Case No.720 of 2011 (State Vs. Amir Hasan) under Sections 420, 467, 468, 471, 120-B IPC are quashed.
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Court No. - 45
Case :- APPLICATION U/S 482 No. - 29908 of 2018
Applicant :- Amir Hasan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Syed Shahnawaz Shah Counsel for Opposite Party :- G.A.,Nuruddin Khan
Hon'ble Siddharth,J.
This application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Criminal Case No.720 of 2011 (State Vs. Amir Hasan) under Sections 420, 467, 468, 471, 120-B, IPC, P.S. Chandpur, District Bijnor arising out of Case Crime No.673 of 2010, pending before the Civil Judge (J.D.)/Judicial Magistrate, Chandpur, District Bijnor.
The argument is that the parties have entered into compromise.
Mohd. Nuruddin Khan, Advocate has put in appearance on behalf of O.P. No.2 and has affirmed that the parties have entered into compromise.
Rejoinder affidavit has been filed today annexing therewith the order dated 26.11.2018 passed by the Judicial Magistrate, Chandpur, Bijnor wherein he has certified that the parties have entered into compromise before the court.
This Court is not unmindful of the judgements of the Apex Court in the cases of:
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 shall be served by prolonging the proceedings of the above mentioned complaint case.
Accordingly, the proceedings of Criminal Case No.720 of 2011 (State Vs. Amir Hasan) under Sections 420, 467, 468, 471, 120-B, IPC, P.S. Chandpur, District Bijnor arising out of Case Crime No.673 of 2010, pending before the Civil Judge (J.D.)/Judicial Magistrate, Chandpur, District Bijnor are, hereby, quashed.
The application is, accordingly, allowed . There shall be no order as to costs.
Order Date :- 3.12.2018 T. Sinha
2 issues framed by the court
Whether criminal proceedings can be quashed in view of a compromise entered between the parties.
Whether a useful purpose shall be served by prolonging the proceedings given the compromise.
Colour shows how this judgement treated each authority
B.S. Joshi and others Vs. State of Haryana and anotherReferred¶9
B.S. Joshi and others Vs. State of Haryana and another (2003)4 SCC 675 · Who else cites this
Nikhil Merchant Vs. Central Bureau of InvestigationReferred¶9
Nikhil Merchant Vs. Central Bureau of Investigation [2008)9 SCC 677] · Who else cites this
Manoj Sharma Vs. State and othersReferred¶9
Manoj Sharma Vs. State and others ( 2008) 16 SCC 1 · Who else cites this
Gian Singh Vs. State of PunjabReferred¶9
Gian Singh Vs. State of Punjab (2012) 10 SCC 303 · Who else cites this
Narindra Singh and others Vs. State of PunjabReferred¶9
Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466. · Who else cites this
1 provisions across 1 enactments
Amir Hasan
State Of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
