Bobi And 2 Others v. State Of U.P. Though It Principal Secretary (Home)

Heard learned counsel for the applicants and learned AGA for the State.

This application u/s 482 Cr.P.C. has been filed for quashing of the entire proceedings, including summoning order dated

30.01.2018, of complaint case No. 39 of 2021, under Sections 354, 504, 506 IPC, P.S. Kotwali Nagar, District Muzaffar Nagar, pending in the court of Additional District & Sessions Judge/Special Judge, (POCSO Act), Court No. 1, Muzaffar Nagar, on the basis of compromise arrived at between the parties.

It has been submitted by learned counsel for the applicants that the alleged dispute between the parties has taken place due to misconception and now both the parties have amicably settled the dispute and compromised the matter. The complainant/victim of the case does not want to pursue the impugned proceedings. It was submitted that in pursuance of the order dated 21.09.2024 passed by this Court in Application u/s 482 No. 37720 of 2023, the compromise, filed by the parties before the trial court concerned, has already been verified by the court concerned, copy of which has been annexed as annexure no. 9 to the application. It was stated that in view of these facts and circumstances, no useful purpose would be served by keeping the impugned proceedings pending and thus, the impugned proceedings may be quashed on the basis of compromise arrived at between the parties.

Learned A.G.A. has no objection if parties compromise the matter.

I have considered the submissions and perused the record.

It is well settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise between the parties. In the instant case, it appears that the dispute between the parties appears to be private in nature and does not have any serious impact on society if parties compromise the matter. There is nothing to indicate that parties have any criminal antecedents. Both the parties are residents of same town and that none of the party has sustained any serious injury. The compromise filed by the parties before the trial court, has already been verified by the court concerned. Considering the law laid down in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296 and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed.

In view of the aforesaid, the impugned summoning order and entire proceedings of the aforesaid complaint case against applicants, namely, Bobi, Vishal and Bindar are hereby quashed.

The application u/s 482 Cr.P.C. is allowed. Order Date :- 16.12.2024 Anand