Allahabad High Court
Sagar And 3 Others vs State Of U.P. And Another on 12 January, 2021
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 81 Case :- APPLICATION U/S 482 No. - 15902 of 2020 Applicant :- Sagar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.,Sanjay Kr. Srivastava Hon'ble Mrs. Manju Rani Chauhan,J.
Supplementary affidavit filed by the learned counsel for the applicants today in the Court, is taken on record.
Heard Mr.Sushil Kumar Pandey , learned counsel for the applicants, the learned Additional Government Advocate for the State, and Mr. Sanjay Kr. Srivastava, learned counsel for opposite party no.2 as well as perused the entire material available on record.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 28.04.2019 and cognizance/summoning order dated 16.11.2019 as well as the entire proceedings of Case No. 2836/9 of 2019 (State vs. Surendra and others) arising out of Case Crime No. 440 of 2018, under Sections 498A, 323, 315, 354A, 506, 376/511, 201, 120B IPC and Section 3/4 D.P. Act, Police Station-Thana Bhawan, District-Shamli, pending in the court of learned Chief Judicial Magistrate, Shamli on the basis of compromise.
On the matter being taken up, on 03.11.2020 the Court passed following order:-
"1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 28.04.2019 and cognizance/summoning order dated 16.11.2019 as well as the entire proceedings of Case No. 2836/9 of 2019 (State vs. Surendra and others) arising out of Case Crime No. 440 of 2018, under Sections 498A, 323, 315, 354A, 506, 376/511, 201, 120B IPC and Section 3/4 D.P. Act, Police Station-Thana Bhawan, District-Shamli, pending in the court of learned Chief Judicial Magistrate, Shamli.
3. Learned counsel for the applicants submits that since the charge sheet had been submitted, the parties have reconciled their differences and a compromise has been entered between them which has been reduced in writing, copy of compromise deed has been annexed as Annexure no.5 to this application, therefore, no useful purpose would be served in proceeding with the matter further.
4. Mr. Sanjay Kumr Srivastava, learned counsel appearing for the opposite party no. 2 states that he has filed short counter affidavit along with vakalatnama in the Registry today and he does not dispute the correctness of the submissions so advanced by learned counsel for the applicants.
5. Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order on the next date fixed and be permitted to file an application for verification of the original compromise document, which is annexed as annexure no.5 to this application. It is expected that the trial court may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order with respect to the verification within a period of one month from today. Upon due verification, the court below may pass appropriate order in that regard and send a report to this Court.
6. Put up on 12th January, 2021 as fresh.
7. Till then, no coercive measure shall be taken against the applicants in the aforesaid case.
8. When the case is listed next, name of Mr. Sanjay Kumr Srivastava may be shown in the cause list as counsel for the opposite party no.2. "
In compliance of the aforesaid order, the learned Judicial Magistrate (S), Shamli at Kairana has passed the order dated 25.11.2020 verifying the compromise entered into between the parties, certified copy of order dated 25.11.2020 along with compromise deed as well as statements of the parties have been annexed as Annexure no.S.A.2 to the supplementary affidavit in support of this application.
Learned counsel for the applicants submits that since the compromised so arrived at between the parties and the same has also been verified by the court below, the entire proceedings of the aforesaid criminal case be may be quashed by this Court.
On the instruction received, learned counsel for opposite party no.2 submits that since the parties have entered into a compromise, opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashed.
This Court is not unmindful of 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 judgments, 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. & 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 criminal case as the parties have already settled their dispute.
Accordingly, the charge sheet dated 28.04.2019 and cognizance/summoning order dated 16.11.2019 as well as the entire proceedings of Case No. 2836/9 of 2019 (State vs. Surendra and others) arising out of Case Crime No. 440 of 2018, under Sections 498A, 323, 315, 354A, 506, 376/511, 201, 120B IPC and Section 3/4 D.P. Act, Police Station-Thana Bhawan, District-Shamli, pending in the court of learned Chief Judicial Magistrate, Shamli, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 12.1.2021 JK Yadav