Allahabad High Court
Julfikar vs State Of U.P. And 2 Others on 28 August, 2023
Author: Dinesh Pathak
Bench: Dinesh Pathak
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:173510 Court No. - 90 Case :- APPLICATION U/S 482 No. - 21196 of 2023 Applicant :- Julfikar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Subhash Chandra Pandey Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.
1. Heard learned counsel for the applicant, learned counsel for the opposite party Nos.2 and 3 as well as learned A.G.A. and perused the record.
2. Instant application under Section 482 Cr.P.C. has been filed beseeching quashing of entire proceedings of Criminal Case No.2227 of 2018 (State Vs.Julfikar), arising out of Case Crime No.278 of 2017, under Sections 147, 148, 149, 323, 307, 506 IPC, Police Station Tanda, District Rampur, pending in the court of Chief Judicial Magistrate, Rampur on the basis of compromise dated 16.05.2023.
3. It is submitted by learned counsel for the applicant that arising out of same Case Crime No.0278 of 2017 dated 07.04.2017, an Application U/s 482 No.21667 of 2023 has been decided by order of the date on the basis of compromise which was duly verified by the learned Chief Judicial Magistrate, Rampur, vide order dated 15.07.2023 and in this respect verification report was submitted on 08.08.2023. It is next submitted that the instant Application U/s 482 has been filed on behalf of the another co-accused (applicant herein) who is also inculpated in Case Crime No.278 of 2017. It is further submitted that all the accused (including the present applicant) and the first informant along with victim have entered into compromise which was duly verified by the compromise verification order dated 15.07.2023. It is next submitted that while entertaining the instant application, this Court has passed the following order dated 06.06.2023 directing the trial court for verification of the compromise.
4. For ready reference, order dated 06.06.2023 is quoted herein below:-
"1. Ms. Priyanka Singh, Advocate has filed his vakalatnama on behalf of opposite party nos. 2 & 3. The same is taken on record.
2. Heard counsel for the applicant, counsel for the opposite party nos. 2 and 3 and learned A.G.A. for the State.
3. The present application U/s 482 Cr.P.C. has been filed to quash the entire proceedings of the Crl. Case No. 2227 of 2018 (State vs. Julfikar) arising out of Case Crime No. 278 of 2017 under Sections 147, 148, 149, 323, 307 and 506 I.P.C., Police Station- Tanda, District- Rampur pending in the Court of Chief Judicial Magistrate, Rampur.
4. Counsel for the applicant submits that the injuries sustained by the injured are on non-vital part of the body and are simple in nature. Further, during the pendency of the proceedings, the parties have reconciled their differences and a compromise has been entered between them which has been reduced in writing on 16.05.2023 annexed as Annexure-7 to the affidavit filed in support of this application.
5. Counsel for the opposite party nos. 2 and 3 does not dispute the correctness of the submissions advanced by the learned counsel for the applicant or the correctness of the documents relied upon by him.
6. Accordingly, it is provided that the parties shall appear before the court concerned along with a copy of this order within two weeks from today and be permitted to file an application for verification of the original compromise document. It is expected that the trial court may fix a short date for verification of the compromise entered into between the parties and pass an appropriate order within a period of four weeks thereafter and send a report to this Court.
7. Place this case in the additional cause list on 17.08.2023 before the appropriate Bench.
8. Till the next date of listing no coercive action shall be taken against the applicant."
5. In this conspectus, as above, it is evident from the record that the another Application U/s 482 Cr.P.C. No.21667 of 2023 filed by three co-accused has been decided by an order of the date passed by this Court on the basis of compromise, which was duly verified by the learned Chief Judicial Magistrate vide order dated 15.07.2023. The instant Application U/s 482 Cr.P.C. has been filed by the another accused who was inculpated as well in the Case Crime No.278 of 2023.
6. Perusal of the compromise application dated 15.07.2023, which was filed by the parties in compliance of the order dated 09.06.2023 passed by this Court in Application U/s 482 Cr.P.C. No.21667 of 2023, reveals that all the accused persons namely Istkar, Iqrar, Salim, Julfikar (applicant herein) have appeared before the court below and they have been identified by their counsel. They have also put their signature on the compromise. Order sheet reveals that the office has submitted report dated 07.08.2023 to the effect that report qua verification of the compromise is still awaited in compliance of order dated 06.06.2023. However, in the light of the compromise verification report dated 08.08.2023 submitted by the Chief Judicial Magistrate concerned in Application U/s 482 Cr.P.C. No.21667 of 2023, there is no need of separate verification report in the instant matter inasmuch as same has already been submitted in the connected matter, verifying the compromise took place between the parties.
7. Learned counsel for the opposite party Nos. 2 and 3 has nodded the factum of the compromise entered into between the parties and he has no objection, if the instant application is decided finally on the basis of the said compromise, which has been verified by learned C.J.M., in connected Application U/s 482 No.21667 of 2023.
8. Learned A.G.A. has no objection in deciding the present matter on the basis of compromise duly verified by learned C.J.M.
9. Connected Application U/s 482 No. 21667 of 2023 has been decided on the basis of compromise considering the guidelines of Hon'ble Supreme Court expounded in Case of Prabhatbhai Aahir alias Parbatbhai Bhimsinhbhai Karmur and others Vs. State of Gujarat and another reported in AIR 2017 SC 4843. With the assistance of the aforesaid guidelines, keeping in view the nature of gravity and severity of the offence, which are more particular in private dispute, it is deemed proper that in order to meet the ends of justice, the present proceeding should be quashed. In result, dispute between the parties will put to an end, peace will be resorted and relationship between them will be smooth. No useful purpose would be served to keep the present matter pending inasmuch as both the parties have buried the hatchet and as the time passes, it will be difficult to prove the guilt of the accused. The continuation of criminal proceeding would cause oppression and prejudice.
10. In view of the pronouncements of the Hon'ble Apex Court and in the light of the compromise arrived at between the parties, which has been duly verified by the concerned court below, the present application under Section 482 Cr.P.C. is hereby allowed and the entire proceedings of the aforesaid case against the present applicant is hereby quashed.
11. Let a copy of the order be transmitted to the concerned lower Court for necessary action.
Order Date :- 28.8.2023 Mini