Allahabad High Court
Vipin Kumar And 5 Others vs State Of U.P. And 4 Others on 16 December, 2024
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2024:AHC:197269
Court No. - 52
Case :- APPLICATION U/S 482 No. - 30315 of 2024
Applicant :- Vipin Kumar And 5 Others
Opposite Party :- State Of U.P. And 4 Others
Counsel for Applicant :- Jagdish Prasad Mishra
Counsel for Opposite Party :- G.A.
WITH
Case :- APPLICATION U/S 482 No. - 30461 of 2024
Applicant :- Sanjay And 2 Others
Opposite Party :- State Of U.P. And 4 Others
Counsel for Applicant :- Jagdish Prasad Mishra
Counsel for Opposite Party :- Rajesh Kumar Tiwari,G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
1. Supplementary affidavits have been filed by learned counsel for the applicants in Court today, which are taken on record. Office is directed to register the same.
2. Heard Mr. Jagdish Prasad Mishra, learned counsel for the applicants, Mr. Rajesh Kumar Tiwari, learned counsel for the opposite party and Mr. Amit Singh Chauhan, learned AGA for the State.
3. This application u/s 482 No.30315 of 2024 has been filed by the applicants with the prayer to quash the charge sheet no.40 of 2023 dated 08.03.2023 as well as cognizance/summoning order dated 03.04.2023 and the entire proceeding of Case No.7227/9 of 2023 (State Vs. Vipin Kumar and Others), arising out of Case Crime No.31 of 2023, under Sections 147, 148, 149, 307, 341, 506, 427, 323, 324, 498A IPC and Section 3/4 of DP Act against the applicant nos.1 to 5 and under Sections 147, 148, 149, 341, 506, 427, 323, 324 I.P.C. against the applicant no.6, pending in the Court of learned Additional Chief Judicial Magistrate, First, Muzaffarnagar, on the basis of compromise.
4. This application u/s 482 No.30461 of 2024 has been filed by the applicants with the prayer to quash the charge sheet no.40A of 2023 dated 18.04.2023 as well as cognizance/summoning order dated 21.06.2023 and the entire proceeding of Case No.16255/9 of 2023 (State Vs. Sanjay Kumar and Others), arising out of Case Crime No.31 of 2023, under Sections 147, 148, 149, 307, 341, 506, 427, 323, 324, 498A IPC and Section 3/4 of DP Act, pending in the Court of learned Additional Chief Judicial Magistrate, Court No.1, Muzaffarnagar, on the basis of compromise.
5. Learned counsel for the parties submit that initially the charge sheet no.40/2023 dated 08.03.2023 was submitted against the applicants in Application u/s 482 No.30315 of 2024. Subsequently, supplementary charge sheet no.40A/2023 was submitted against the applicants in Application u/s 482 No.30461 of 2024. On 19.09.2024, the following order was passed in application u/s 482 No.30461 of 2024 :-
"1. Heard learned counsel for the applicants, learned counsel for the opposite party nos. 2 to 5 and the learned A.G.A. Perused the record.
2. Applicants have approached this Court by means of present application under Section 482 Cr.P.C. with the following prayers:-
"It is therefore, Most Respectfully prayed that this Hon'ble court may graciously be pleased to allow this application and quash the entire proceeding of Case No.16255/9 of 2023 (State Vs. Sanjay and others) arising out of Case Crime No.31 of 2023, under Sections 147, 148, 149, 307, 341, 506, 427, 323, 324, 498-A I.P.C. and 3/4 Dowry Prohibition Act, Police Station Chhapar, District Moradabad, pending in Court of Additional Chief Judicial Magistrate, Court No.1, Muzaffarnagar, on the ground of compromise.
It is further prayed that this Hon'ble Court may be pleased to stay the further proceeding of Case No.16255/9 of 2023 (State Vs. Sanjay and others) arising out of Case Crime No.31 of 2023, under Sections 147, 148, 149, 307, 341, 506, 427, 323, 324, 498-A I.P.C. and 3/4 Dowry Prohibition Act, Police Station Chhapar, District Moradabad, pending in Court of Additional Chief Judicial Magistrate, Court No.1, Muzaffarnagar, during the pendency of present case before this Hon'ble Court, otherwise the applicants may deem fit and proper under the circumstances of the case."
3. Learned counsel for the applicants and learned counsel for the opposite party nos.2 to 5 have jointly submitted that the parties have settled their dispute out of Court on the basis of compromise. They have drawn the attention of this Court towards compromise deed dated 26.06.2024 in which it is stated that by amicable settlement both the parties want to resolve the aforesaid dispute. It is next submitted that the entire proceedings be dropped in light of the compromise deed filed by the parties. It is further submitted that the parties are also ready to appear before the court concerned for verification of compromise.
4. Learned AGA is having no objection, if any, such direction is given to the court concerned for verification of compromise executed between the parties.
5. As both the parties have amicably settled their dispute and compromise has also been arrived between them, therefore, it is directed that both the parties shall appear before the court concerned within ten days and shall file an application along with the certified copy of this order for verification of compromise, enter between them.
6. If any such compromise is moved, then the court below shall verify the compromise, in accordance with law, and shall pass a reasoned order accepting or rejecting of compromise, in accordance with law and transmit verification report to this Court.
7. List on 18.10.2024 as fresh.
8. Till the next date of listing, no coercive measures shall be adopted against the applicants in the aforesaid case.
9. Office is directed to submit a report on the next date fixed in respect of verification report, if any, forwarded by the court concerned."
6. In compliance of the aforesaid order, compromise between the parties has been verified in presence of applicants as well as the opposite parties in both the petitions by order dated 22.11.2024. Certified copy of the same has been annexed as SA-1 to the supplementary affidavits filed today in Court.
7. Learned counsel for the 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.
8. Learned A.G.A. for the State as well as learned counsel for the opposite party also accept that the parties have entered into a compromise and the copy of the same has also been enclosed along with verification order, they have no objection, if the proceedings in the aforesaid case are quashed.
9. 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,
10. 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.
11. 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.
12. In Application u/s 482 No. 30315 of 2024, proceedings of charge sheet dated no.40/2023 dated 08.03.2023, as well as cognizance/summoning order dated 03.04.2023 and Case No.7227/9 of 2023 (State Vs. Vipin Kumar and Others), arising out of Case Crime No.31 of 2023, under Sections 147, 148, 149, 307, 341, 506, 427, 323, 324, 498A IPC and Section 3/4 of DP Act against the applicant nos.1 to 5 and under Sections 147, 148, 149, 341, 506, 427, 323, 324 I.P.C. against the applicant no.6, pending in the Court of learned Additional Chief Judicial Magistrate, First, Muzaffarnagar, on the basis of compromise, are hereby quashed.
13. In Application u/s 482 No.30461 of 2024, the proceedings of charge sheet no.40-A of 2023 dated 18.04.2023 as well as cognizance/summoning order dated 21.06.2023 and Case No.16255/9 of 2023 (State Vs. Sanjay Kumar and Others), arising out of Case Crime No.31 of 2023, under Sections 147, 148, 149, 307, 341, 506, 427, 323, 324, 498A IPC and Section 3/4 of DP Act, pending in the Court of learned Additional Chief Judicial Magistrate, Court No.1, Muzaffarnagar, on the basis of compromise, are hereby quashed.
14. The applications are, accordingly, allowed. There shall be no order as to costs.
Order Date :- 16.12.2024 Rahul.