Allahabad High Court
Shabeeh Haider @ Meenu And 4 Others vs State Of Uttar Pradesh Through Its ... on 24 May, 2022
Author: Manish Kumar
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 92 Case :- APPLICATION U/S 482 No. - 5798 of 2022 Applicant :- Shabeeh Haider @ Meenu And 4 Others Opposite Party :- State Of Uttar Pradesh Through Its Principal Secretary Home And Another Counsel for Applicant :- Mohammad Khalid Counsel for Opposite Party :- G.A.,Vineet Vikram Hon'ble Manish Kumar,J.
Heard learned counsel for the parties and gone through the record.
The present petition under Section 482 Cr.P.C. has been filed for quashing of the entire proceeding pending before the learned Chief Judicial Magistrate, Kaushambi in pursuance of case no. 3171 of 2018 vide crime no. 142 of 2018, under Sections 147, 452, 148, 427, 323, 504, 506 IPC in pursuance of charge-sheet dated 25.05.2018 and order dated 05.01.2022.
Learned counsel for the petitioners has stated that the parties have amicably settled their dispute and have entered into a compromise on 25.03.2022.
This Court vide its order dated 11.03.2022 has directed the parties to appear before the concerned court below on 25.03.2022 and file their compromise application and the court below was also directed to ensure passing of an order on the said compromise application completing all formalities within two months.
Sri Faiz Ahmad, learned counsel for the opposite party no. 2 has submitted that on the last date fixed i.e. 11.03.2022, he drew the attention of this Court towards the order dated 04.01.2022 passed by the court below by which the court below had not verified the compromise as Section 452 IPC is not compoundable but this Court with the consent of the parties, directed both the parties to appear before the concerned court below on 25.03.2022 and file their compromise application and the court below was directed to ensure to pass an order on the said compromise application and report this Court regarding the compromise.
Learned counsel for the applicant and learned counsel for the opposite party no. 2 have submitted that in compliance of the order of this Court, the compromise has been filed and the same has been verified by the court below.
As per the Office report dated 23.05.2022, the compromise verification report dated 30.03.2022 has been received from the Chief Judicial Magistrate, Kaushambi which has been placed on record and as per the report, the Court below vide its order dated 25.03.2022 has verified the compromise. In the said report, it has been mentioned that the parties were present and they have admitted that they have entered into an agreement voluntarily. Their signatures have been verified by their respective counsels before the court. The report dated 30.03.2022 submitted by the Chief Judicial Magistrate, Kaushambi is on record.
Learned counsel for the opposite party no. 2 has submitted that the parties have entered into a compromise voluntarily with the accused persons and has further submitted that the conduct of the accused persons prior to and after the occurrence of the purported offence were always good and they had never repeated any offence.
Learned counsel for the petitioners has placed reliance in the judgments of the Apex Court in the cases of Gian Singh Vs. State of Punjab [2012 10 SCC 303] & Ramgopal and Anr. vs. The State of Madhya Pradesh [2021 (II) SCCrJ 607 SC].
On the other hand, learned Additional Government Advocate and learned counsel for the respondent no. 2 (complainant) have jointly submitted that the compromise has been entered into between the parties and now the respondent no. 2 does not want to proceed with the criminal case and the proceedings thereof as such, the proceeding pending before the learned Chief Judicial Magistrate, Kaushambi in pursuance of case no. 3171 of 2018 vide crime no. 142 of 2018, under Sections 147, 452, 148, 427, 323, 504, 506 IPC in pursuance of charge-sheet dated 25.05.2018 and order dated 05.01.2022, may be quashed.
After hearing learned counsel for the parties and going through the record, the position which emerges out is that the parties have voluntarily entered into a compromise on 25.03.2022 without there being any coercion/compulsion and willingly buried their differences; conduct of the accused persons prior to and after the occurrence of the purported offence were always good and they had never repeated any offence; the dispute being individual in nature and not against the society and the present criminal proceedings are arising out of family dispute or pre-dominantly civil character.
Considering the submissions advanced by learned counsel for the parties and perusing the compromise as well as the law laid down by Hon'ble Apex Court in the case of Gian Singh (supra) & Ramgopal and Anr. (supra) and the discussions made hereinabove, there is no purpose to keep the proceedings pending before the trial court and hence, entire proceeding pending before the learned Chief Judicial Magistrate, Kaushambi in pursuance of case no. 3171 of 2018 vide crime no. 142 of 2018, under Sections 147, 452, 148, 427, 323, 504, 506 IPC in pursuance of charge-sheet dated 25.05.2018 and order dated 05.01.2022 are hereby quashed in terms of the compromise dated 25.03.2022.
The petition is hereby allowed.
Order Date :- 24.5.2022 Nitesh