Allahabad High Court
Zahoor And 2 Others vs State Of U.P.And Another on 16 September, 2022
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 85 Case :- APPLICATION U/S 482 No. - 8547 of 2022 Applicant :- Zahoor And 2 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
None has appeared on behalf of the applicant even in the revised call. Mr. Pankaj Srivastava, learned AGA for the State and perused the records.
This application under Section 482 Cr.P.C. has been filed to quash the charge sheet no.21 of 2018, dated 06.07.2018 (State vs. Zahoor & Others) arising out of Case Crime No.13 of 2018, under Sections 498A, 323, 504, 506, 376, 377 IPC and Section 3/4 D.P. Act, 1961, P.S. Mahila Thana, District-Jyotiba Phule Nagar (Amroha), pending in the court of First Additional Chief Judicial Magistrate, Amroha.
On 25.05.2022, the following order was passed:-
"Heard learned counsel for the applicants, learned counsel for opposite party no.2 and learned A.G.A. for the State.
This application has been moved with the prayer to quash the entire proceeding of Case No. 2011/9 of 2018 arising out of Case Crime No. 13 of 2018 under Sections 498A, 323, 504, 506, 376, 377 I.P.C. & 3/4 D.P. Act, P.S.- Mahila Thana, District- Jyotiba Phule Nagar (Amroha) pending in the court of First Additional Chief Judicial Magistrate, Amroha in the light of compromise dated 24.12.2021 arrived between the parties, copy of the same is annexed in the application.
Learned counsel for the applicants states that matter has been compromised between the parties. He further states that the compromise dated 24.12.2021 (annexure-6) has been filed before the Court below but same has not been verified as yet by the learned court below.
On these facts, as the matter is of matrimonial nature and the parties have arrived for some amicable settlement regarding which compromise duly arrived at between the parties is pending verification before learned court below and, therefore, it would be in the interest of justice to protect the right of the applicant pending final disposal of the matter. Learned counsel also submits that as the parties have entered into amicable settlement, there is no likelihood of conviction in the matter.
As an interim measure, till the next date of listing, further proceedings of Case No. 2011/9 of 2018 arising out of Case Crime No. 13 of 2018 under Sections 498A, 323, 504, 506, 376, 377 I.P.C. & 3/4 D.P. Act, P.S.- Mahila Thana, District- Jyotiba Phule Nagar (Amroha) pending in the court of First Additional Chief Judicial Magistrate, Amroha shall be kept in abeyance.
However, learned counsel for the applicants, as prayed, is granted three weeks time to get the compromise deed (annexure-6) verified from the court below and file a certified copy thereof, on or before the next date of listing before this Court.
Learned counsel for the applicant is directed to file copy of this order before the court below within 10 days from today for compliance, failing which, interim protection given by this Court shall cease to operate and law will take its own course.
As prayed, put up as fresh in the week commencing 1.8.2022."
In compliance of the aforesaid order dated 25.05.2022, a compromise verification report dated 02.06.2022 from Civil Judge (J.D.)/FTC/J.M., Amroha is placed on record along with order dated 01.06.2022, as is evident from the office report dated 01.08.2022. As per the said report, the parties have entered into compromise and the compromise, so filed, has been verified in the presence of parties alongwith their counsels.
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.
Before proceeding any further it shall be apt to make a brief reference to the following cases:-
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 no.21 of 2018, dated 06.07.2018 (State vs. Zahoor & Others) arising out of Case Crime No.13 of 2018, under Sections 498A, 323, 504, 506, 376, 377 IPC and Section 3/4 D.P. Act, 1961, P.S. Mahila Thana, District-Jyotiba Phule Nagar (Amroha), pending in the court of First Additional Chief Judicial Magistrate, Amroha are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
A copy of this order be certified to the lower court forthwith.
Order Date :- 16.9.2022 Jitendra/-