Allahabad High Court
Dayashankar Tiwari And 5 Others vs State Of U.P. And Another on 9 May, 2023
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD Neutral Citation No. - 2023:AHC:99800 Court No. - 68 1. Case :- APPLICATION U/S 482 No. - 5782 of 2023 Applicant :- Dayashankar Tiwari And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shravan Kumar Mishra Counsel for Opposite Party :- G.A. 2. Case :- APPLICATION U/S 482 No. - 5616 of 2023 Applicant :- Daya Shankar Tiwari And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shravan Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
1. Two Supplementary Affidavits filed in both aforementioned applications U/s 482 Cr.P.C., filed today, are taken on record. Office to register the same.
2. Heard Sri Shravan Kumar Mishra, learned counsel for the applicants, Sri Ashutosh Yadav, learned A.G.A. for the State and perused the records.
3. Application U/s 482 No. 5782 of 20231 has been filed to quash the proceedings of Criminal Complaint Case no. 625 of 2023, 'Smt. Saroj Tiwari v. Rakesh Tiwari and others', under Section 494 IPC, Police Station-Garwar, District-Ballia, pending in the court of Civil Judge (Junior Division)/Judicial Magistrate, Second, Ballia and, Application U/s 482 No. 5616 of 2023 has been filed challenging the proceedings of Criminal Case No. 519 of 2008, arising out of Case Crime No. 47 of 2008, under Sections 498A, 323, 342, 504 IPC and 3/4 D.P. Act, Police Station Garwar, District Ballia, pending in the court of Civil Judge (Junior Division)/ Judicial Magistrate, Second, Ballia.
4. Earlier, this Court on 01.03.2023 has passed the following order in Application U/s 482 No. 5782 of 2023:
"Heard the learned counsel for the applicant and the learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Criminal Case No. 625 of 2013 (Smt. Saroj Tiwari Vs. Rakesh Tiwari & Others) under Section 494 I.P.C., Police Station-Garwar, District-Ballia, pending in the Court of Civil Judge (Junior Division)/Judicial Magistrate-II, Ballia.
It is submitted on behalf of the applicants that applicants and opposite party no.2 are known to each other and the dispute between the parties is due to some misunderstanding. He further submits that on account of intervention of well-wishers of the applicants and opposite party no.2, they have settled their disputes and arrived at compromise and opposite party no.2 does not want to continue the criminal proceedings initiated by him against the applicant, a copy of the compromise deed has been enclosed as Annexure-3 to the affidavit accompanying the present application. It is, thus, contended that proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab2.
Whether a compromise has taken place or not can at best be ascertained by the court, where the proceedings are pending, after ensuring the presence of the parties before it.
Connect with Application U/S 482 No. - 5616 of 2023 (Daya Shankar Tiwari And 5 Others Vs.State of U.P. and Another).
List this matter on 1st May, 2023 as fresh before the appropriate Bench.
Learned counsel for the applicants undertakes that they shall make a fresh compromise deed along with an application before the court below within a week from today for verification of the aforesaid compromise. On submission of the same, the court below or any other transferee court, as the case may be, after ensuring the presence of both the parties shall ascertain the veracity of the compromise. If the said compromise is verified, the same shall be made part of the record and report to that effect, will be prepared and the parties would be allowed to obtain certified copy thereof and file the same before this Court.
Office is directed to send through FAX a copy of this order within 24 hours.
Parties are also directed to produce certified copy of this order along with a fresh compromise application before the court concerned within a week from today.
Till the next date of listing, no coercive steps would be taken against the applicants in the aforesaid criminal case."
5. In compliance of the aforesaid order, the court concerned has verified the compromise by order dated 29.3.2023, filed in Complaint Case No. 625 of 2023 in the presence of parties along with their respective counsel. Certified copy of the aforesaid order has been brought on record as Annexure SA-1 to the supplementary affidavit dated 28.4.2023 filed in Application U/s 482 No. 5782 of 2023.
6. In regard to proceedings of Criminal Case No. 519 of 2008 (New No. 444 of 2020), compromise has been verified by the court concerned in the presence of parties along with their respective counsel, vide order dated 29.03.2023 which has been annexed as Annexure SA-1 to the supplementary affidavit dated 28.04.2023 filed in Application U/s 482 No. 5616 of 2023.
7. Learned counsel for the applicants submits that on account of compromise entered into between the parties concerned, all disputes between them have come to an end, and therefore, further proceedings against the applicant in the aforesaid case is liable to be quashed by this Court.
8. Learned A.G.A. does not dispute the aforesaid fact and submitted at the Bar that since the parties concerned have settled their dispute as mentioned above, therefore, he has no objection in quashing the impugned criminal proceedings against the applicants.
9. Before proceeding any further it shall be apt to make a brief reference to the judgements of Apex Court in the cases of B.S. Joshi and others vs. State of Haryana and Another3; Nikhil Merchant vs. Central Bureau of Investigation4; Manoj Sharma vs. State and Others5; Gian Singh vs. State of Punjab6; and Narindra Singh and others vs. State of Punjab7, wherein 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. & Another8. in which the law expounded by the 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 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.
11. Accordingly, the entire proceedings of Criminal Complaint Case no. 625 of 2023, 'Smt. Saroj Tiwari v. Rakesh Tiwari and others', under Section 494 IPC, Police Station Garwar, District Ballia, pending in the court of Civil Judge (Junior Division)/ Judicial Magistrate, Second, Ballia and, proceedings of Criminal Case No. 519 of 2008, arising out of Case Crime No. 47 of 2008, under Sections 498A, 323, 342, 504 IPC and 3/4 D.P. Act, Police Station Garwar, District Ballia, pending in the court of Civil Judge (Junior Division)/ Judicial Magistrate, Second, Ballia, are hereby quashed.
12. The applications are, accordingly, allowed. There shall be no order as to costs.
13. A copy of this order be communicated to the concerned court forthwith.
Order Date :- 9.5.2023 DS