Allahabad High Court
Rajbir Singh And 4 Others vs State Of U.P. And Another on 3 May, 2023
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 68 Case :- APPLICATION U/S 482 No. - 12442 of 2023 Applicant :- Rajbir Singh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
The case is taken up in the revised call.
Heard Mr. Sunil Kumar Dubey, learned counsel for the applicants, Mr. K.P. Pathak, learned A.G.A. for the State and perused the record.
This application has been filed by the applicants with the prayer to quash the impugned charge-sheet no. 255 and 255A of 2022 dated 31.05.2022 and 06.08.2022 as well as entire criminal proceedings of Criminal Case No. 3445 of 2022 arising out of Case Crime No. 794 of 2019, under Sections 420, 467, 468, 471, 504, 506 I.P.C., P.S. Baghpat, District- Baghpat pending in the court of learned C.J.M., Baghpat.
Earlier the applicants had approached this Court by means of filing Application u/s 482 No. 39836 of 2022 in which on 20.12.2022, the following order was passed:-
"Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned charge-sheet no. 255 and 255A of 2022 dated 31.05.2022 and 06.08.2022 as well as entire criminal proceedings of Criminal Case No. 3445 of 2022 arising out of Case Crime No. 794 of 2019, under Sections 420, 467, 468, 471, 504, 506 I.P.C., P.S. Baghpat, District- Baghpat pending in the court of learned C.J.M., Baghpat.
Learned counsel for the applicants submits that the parties have reconciled their differences and a compromise has been entered between them, copy of compromise deed dated 14.10.2022 has been annexed as Annexure 4 to this affidavit wherein it has been mentioned that opposite party no.2 does not want to press the case. Therefore, no useful purpose would be served in continuing the proceedings before the Court below and the same is not only sheer wastage of time of the Court but also abuse of process of law.
Learned A.G.A., however, submits that it is the concerned court below, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned court below and move an application with respect to compromise between the parties, which will be decided in accordance with law.
In view of above, without expressing any opinion on the merit of the case, both the parties are directed to appear before the Court below along with compromise deed as well certified copy of this order within two weeks from today. It is expected that Court below may fix a date for the verification of the compromise and after ensuring the presence of the parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of two months from the date of production of a certified copy of this order, if there is no other legal impediment. While passing the order verifying the compromise, the Court concerned shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not?
The Court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings.
Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the applicants in the aforesaid case.
With the aforesaid directions, this application is finally disposed of. "
In compliance of the aforesaid order, an order dated 24.02.2023 passed by Chief Judicial Magistrate, Baghpat has been annexed as Annexure No. 8 to the affidavit filed in support of application vide which the compromise has been verified in the presence of parties and their respective counsels.
Learned counsel on behalf of applicants submits that since the compromise entered between the parties has been verified by the court below, the entire proceedings of the aforesaid criminal case may be quashed by this Court.
Learned A.G.A. for the State also accept that the parties have entered into a compromise and he 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; and
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 and Pramod & Another Vs. State of U.P. & Another (Application U/S 482 No.12174 of 2020, decided on 23rd February, 2021) 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 counsel for the parties, the court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute.
Accordingly, entire proceedings of Criminal Case No. 3445 of 2022 arising out of Case Crime No. 794 of 2019, under Sections 420, 467, 468, 471, 504, 506 I.P.C., P.S. Baghpat, District- Baghpat pending in the court of learned C.J.M., Baghpat on the basis of compromise are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 3.5.2023 Arti