Allahabad High Court
Waseem And 4 Others vs State Of U.P. And Another on 6 August, 2024
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:126944 Court No. - 75 Case :- APPLICATION U/S 482 No. - 21330 of 2024 Applicant :- Waseem And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Siraj Ahmad Khan,Ziauddin Counsel for Opposite Party :- G.A.,Mohd Zubair Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard Mr. Siraj Ahmad Khan, learned counsel for the applicants, Mohd. Zubair, learned counsel for opposite party no.2 as well as Mr. D.P. Singh, learned AGA for the State and perused the record.
2. This application u/s 482 has been filed by the applicants with the prayer to quash the Charge Sheet No.1014 of 2021 dated 13.08.2021 as well as the Summoning order dated 13.03.2024 & the entire proceeding of Criminal Case No.4698 of 2024, (State vs. Waseem & Others), arising out of Case Crime No.1046 of 2021, under Sections 147, 149, 504, 506 and 323 I.P.C., Police Station- Kotwali City, District- Bulandshahr and a further prayer to stay the entire proceedings of the aforesaid case, pending in the court of Chief Judicial Magistrate, Bulandshahr on the basis of compromise dated 29.05.2024.
3. Learned counsel for the parties submit that both the parties have amicably settled the dispute and have entered into compromise. The aforesaid compromise was placed before the court concerned and the same has been verified in presence of the parties alongwith their respective counsels by order dated 29.05.2024 and certified copy of the same has been placed on page no.7 of the supplementary affidavit filed by learned counsel for the applicants. Learned counsel for the parties submit 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.
4. Learned A.G.A. for the State also accepts that the parties have entered into a compromise and the copy of the same has also been enclosed along with verification order, he has no objection, if the proceedings in the aforesaid case are quashed.
5. This Court is not unmindful of the following judgements of the Apex Court:
(i). B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675,
(ii). Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677,
(iii). Manoj Sharma Vs. State and Others; (2008) 16 SCC 1,
(iv). Gian Singh Vs. State of Punjab; (2012); 10 SCC 303,
(v). Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466,
6. 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) and Daxaben Vs. State of Gujarat, reported in 2022 SCC Online SC 936 in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.
7. 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.
8. Accordingly, the Charge Sheet No.1014 of 2021 dated 13.08.2021 as well as the Summoning order dated 13.03.2024 & the entire proceeding of Criminal Case No.4698 of 2024, (State vs. Waseem & Others), arising out of Case Crime No.1046 of 2021, under Sections 147, 149, 504, 506 and 323 I.P.C., Police Station- Kotwali City, District- Bulandshahr, pending in the court of Chief Judicial Magistrate, Bulandshahr, on the basis of compromise, are hereby quashed.
9. The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 6.8.2024 Kalp Nath Singh