Allahabad High Court
Ram Dev And 4 Others vs State Of U.P. And Another on 27 April, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 73 Case :- APPLICATION U/S 482 No. - 6395 of 2023 Applicant :- Ram Dev And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Shoeb Khan Counsel for Opposite Party :- G.A. Hon'ble Shiv Shanker Prasad,J.
Supplementary affidavit on behalf of the applicants filed today, is taken on record.
Heard learned counsel for the applicants and learned A.G.A. for the State as well as perused the materials on record.
This application under Section 482 Cr.P.C. has been filed to quash the charge-sheet dated 1st June, 2021 as well as the entire proceedings of Criminal Case No. 2744 of 2021 (State Vs. Ram Dev & Others), arising out of Case Crime No. 191 of 2021, under Sections 147, 323, 504, 506 and 427 I.P.C., Police Station- Kotwali Padrauna, District- Kushinagar, pending in the Court of Chief Judicial Magistrate, Kushinagar on the basis of the compromise.
On 21.02.2023, this Court passed following orders in the matter:-
"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 charge-sheet dated 1st June, 2021 as well as the entire proceedings of Criminal Case No. 2744 of 2021 (State Vs. Ram Dev & Others), arising out of Case Crime No. 191 of 2021, under Sections 147, 323, 504, 506 and 427 I.P.C., Police Station-Kotwali Padrauna, District-Kushinagar, pending in the Court of Chief Judicial Magistrate, Kushinagar.
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-6 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 Punjab: (2012) 10 SCC 303.
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.
List this matter on 27th April, 2023 as fresh before the appropriate Bench.
Learned counsel for the parties undertake 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."
Pursuant to the above order, the Chief Judicial Magistrate, Kushinagar vide order dated 05.04.2023 has verified the compromise so entered into between the parties. Certified copies of the order of the Chief Judicial Magistrate, Kushinagar dated 05.04.2023 and the compromise have been brought on record as Annexure No. SA-1 to the supplementary affidavit.
Learned counsel for the applicants submits that in view of compromise so entered into between the parties, which has also been verified by the court below, the entire proceedings of the aforesaid criminal case are liable to be quashed.
Learned A.G.A. for the State has also not denied the aforesaid facts and submits that 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,
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 complaint case as the parties have already settled their dispute.
Accordingly, the proceedings of charge-sheet dated 1st June, 2021 as well as the entire proceedings of Criminal Case No. 2744 of 2021 (State Vs. Ram Dev & Others), arising out of Case Crime No. 191 of 2021, under Sections 147, 323, 504, 506 and 427 I.P.C., Police Station- Kotwali Padrauna, District- Kushinagar, pending in the Court of Chief Judicial Magistrate, Kushinagar, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 27.4.2023 Abhishek Singh