Allahabad High Court
Shekhar And 10 Others vs State Of U.P. And Another on 27 November, 2024
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:187412 Court No. - 52 Case :- APPLICATION U/S 482 No. - 40464 of 2024 Applicant :- Shekhar And 10 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dev Prakash Sharma,Priyanka Devi Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
1. A short counter affidavit alongwith vakalatnama has been filed by Mr. Shyamu Sharma, Advocate holding brief of Mr. Sweksha Dubey, learned counsel on behalf of the opposite party no.2 today in the Court, which is taken on record.
2. Heard Ms. Priyanka Devi, learned counsel for the applicants, Mr. Shyamu Sharma, Advocate holding brief of Mr. Sweksha Dubey, learned counsel for the opposite party no.2, learned counsel for the State and perused the records.
3. The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No.3269 of 2008 (State vs. Shekhar and others), arising out of Case Crime No.674 of 2008, under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station-Loni, District-Ghaziabad, pending before the court of Additional Chief Judicial Magistrate, Court No.1, Ghaziabad on the basis of compromise.
4. Learned counsel for the applicants submits that the parties have amicably settled the dispute and have entered into compromise. They decided to live separately. In this regard, a copy of compromise deed has been annexed as Annexure No.3 of this application. She further submits that the aforesaid compromise has been verified by the court concerned vide order dated 13.09.2024. A certified copy of this order has been appended a Annexure no.4 of this application. Learned counsel for the applicants submits that on account of compromise entered into between the parties concerned, all disputes between them have come to an end, and therefore, further proceedings against the applicant in the aforesaid case is liable to be quashed by this Court.
5. Learned A.G.A. for the State as well as counsel for the opposite party no.2 do not dispute the aforesaid fact and submitted at the Bar that since the parties concerned have settled their dispute as mentioned above, therefore, they have no objection in quashing the impugned criminal proceedings against the applicants.
6. Before proceeding any further it shall be apt to make a brief reference to the following cases:-
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,
7. 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.
8. 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.
9. Accordingly, the entire proceedings of Case No.3269 of 2008 (State vs. Shekhar and others), arising out of Case Crime No.674 of 2008, under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station-Loni, District-Ghaziabad, pending before the court of Additional Chief Judicial Magistrate, Court No.1, Ghaziabad is hereby quashed.
10. The application is, accordingly, allowed. There shall be no order as to costs.
11. It is always open to the parties to approach before this Court in case verification has been done by playing fraud.
12. A copy of this order be sent to the lower court forthwith.
Order Date :- 27.11.2024 Jitendra/-