Allahabad High Court
Munsaf Ali vs State Of U.P. Thr.Its Sec. Home U.P. And ... on 8 May, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:98827 Court No. - 71 Case :- APPLICATION U/S 482 No. - 11758 of 2023 Applicant :- Munsaf Ali Opposite Party :- State Of U.P. Thr.Its Sec. Home U.P. And Another Counsel for Applicant :- Laloo Yadav,Kiran Rani Counsel for Opposite Party :- G.A.,Balwant Kumar Singh Hon'ble Samit Gopal,J.
1. List revised.
2. Supplementary affidavit filed on behalf of the applicant is taken on record.
3. Heard Sri Alind Kumar, Advocate holding brief of Sri Laloo Yadav, learned counsel for the applicant, Sri Balwant Kumar Singh, learned counsel for the opposite party no.2 and Sri Shashikant Pandey, learned counsel for the State and perused the record.
4. This application under Section 482 Cr.P.C. has been filed by the applicant- Munsaf Ali with the prayer to allow this application and quash the entire proceeding as well as summoning order dated 22.09.2022 in Complaint Case No. 66 of 2022 (Smt. Rukhsar Vs. Munsaf Ali), under Sections 498-A, 504, 506 I.P.C., Police Station Mahila, District Amroha pending in the Court of Civil Judge (Junior Division) / J.M. / F.T.C.-II, District Amroha in view of compromise dated 15.03.2023 with a further prayer that proceeding of the aforesaid case be stayed against the applicant.
5. The office vide its report dated 06.05.2023, reported that a report from the Civil Judge (Junior Division) / J.M. / F.T.C.-II, District Amroha has been received, wherein it has been stated that compromise between the parties has been verified vide its report dated 18.04.2023.
6. Learned counsel for the applicant argued that the parties have settled the dispute amicably out of court and on the basis of compromise the applicant filed the present Criminal Misc. Application U/S 482 Cr.P.C. before this Court in which an order for verification of the compromise was passed on 06.04.2023. It is argued that in compliance of the order dated 06.04.2023 of this Court, the parties have filed the order of this Court along with compromise application before the concerned court for its verification after which the concerned court has verified the said compromise vide its order dated 18.04.2023. It is argued that the opposite party no. 2 is not interested to pursue the matter pending in the trial court and is not inclined to give any evidence against the applicant and therefore the impugned proceedings be quashed on the ground of compromise between the parties.
7. Learned counsel for the opposite party no.2 and learned counsel for the State counsel could not dispute the fact that the matter has been amicably settled between the parties which was duly verified by the concerned trial court.
8. The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (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) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed.
9. From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the summoning/cognizance order dated 22.09.2022 as well as entire proceedings of case as prayed for by the applicant.
10. The present application is allowed.
11. The summoning/cognizance order dated 22.09.2022 as well as entire proceedings of the said case are hereby quashed subject to the applicant and the opposite party no. 2 shall deposit Rs.2500/- each before the concerned trial court which shall be utilized by the District Legal Services Authority of the district.
Order Date :- 8.5.2023 AS Rathore/E-court (Samit Gopal,J.)