Allahabad High Court
Smt. Deepika Sabbarwal And Another vs State Of U.P.And Another on 5 September, 2022
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 83 Case :- APPLICATION U/S 482 No. - 23136 of 2021 Applicant :- Smt. Deepika Sabbarwal And Another Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Vimalendra Kumar Upadhyay,Dhananjay Singh Counsel for Opposite Party :- G.A.,Anurag Singh Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Vimlendra Kumar, learned counsel for the applicants, Mr. Saral Singh, Advocate holding brief of Shri Anurag Singh, learned counsel for opposite party no. 2, Mr. C.P. Singh, learned counsel for the State and perused the records.
This application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Criminal Case No. 48732 of 2021 (State Vs. Gautam Sabbarwal and others), arising out of Case Crime No. 265 of 2020, under Sections 420, 504, 506, 386 I.P.C., P.S. Nazirabad, District-Kanpur Nagar, pending in the court of Chief Metropolitan Magistrate, Kanpur Nagar.
23.02.2022, the following order was passed:-
"Supplementary affidavit filed on behalf of applicants in the Court today is taken on record.
Heard learned counsel for the applicants, learned counsel for the opposite party no. 2 and learned A.G.A. for the State.
The applicants by means of this application under Section 482 Cr.P.C. have invoked the inherent jurisdiction of this Court with a prayer to quash the entire proceedings of Case No. 48732 of 2021 (State vs. Gautam Sabbarwal and others), arising out of Case Crime no. 265 of 2020, under Sections 420, 504, 506 and 386 I.P.C., P.S. Nazirabad, district-Kanpur Nagar, pending in the court of Chief Metropolitan Magistrate, Kanpur Nagar.
Learned counsel for the applicants has submitted that the dispute between the applicant and opposite party no. 2 has been amicably settled and the parties have entered into a compromise and they have filed a written compromise in the trial court. Copy of compromise dated 22.12.2021 is annexed as Annexure-SA1 to the supplementary affidavit.
After considering the argument advanced by learned counsel for the parties and considering the facts and circumstances of the case, it is directed that the applicants shall file original compromise deed before the trial court within two weeks and the trial court after issuing notices to the parties shall verify the compromise and submit its report to this Court within six weeks.
List this case before appropriate Bench on 28.3.2022 along with verification report of compromise."
As per the Office report dated 29.08.2022, compromise verification report has been placed on record. The compromise verification report dated 16.03.2022 mentions that the compromise has been verified on 15.03.2022. Certified copy of the order dated 15.03.2022 has been placed by learned counsel for the parties in the Court today and is kept on record. The order dated 15.03.2022 goes to show that the compromise has been verified between the parties in the presence of parties alongwith their respective counsels.
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 applicants in the aforesaid case is liable to be quashed by this Court.
Learned A.G.A. as well as learned counsel for 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.
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, 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.
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.
Accordingly, the entire proceedings of Criminal Case No. 48732 of 2021 (State Vs. Gautam Sabbarwal and others), arising out of Case Crime No. 265 of 2020, under Sections 420, 504, 506, 386 I.P.C., P.S. Nazirabad, District-Kanpur Nagar, pending in the court of Chief Metropolitan Magistrate, Kanpur Nagar, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
A copy of this order be certified to the lower court forthwith.
Order Date :- 5.9.2022 Shafique