Allahabad High Court
Vicky And 2 Others vs State Of U.P And Another on 15 March, 2023
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 68 Case :- APPLICATION U/S 482 No. - 40771 of 2022 Applicant :- Vicky And 2 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Santosh Kumar Singh, learned counsel for the applicants and Mr. K.P. Pathak, learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed to quash the charge sheet dated 21.04.2022 as well as entire criminal proceeding of Case No. 3713 of 2022, (State Vs. Vicky and others) being Case Crime No. 449 of 2021, under section 420 IPC, Police Station Amroha Nagar, District Amroha, pending in the Court of Chief Judicial Magistrate, Amroha on the basis of compromise deed dated 13.09.2022.
On 09.02.2023, the following order was passed:-
"Heard Mr. Santosh Kumar Singh, the learned counsel for applicants, the learned A..G.A. for State.
Perused the record.
This application under Section 482 Cr.P.C. has been filed challenging the Charge sheet dated 21.4.2022 submitted in Case Crime No. 449 of 2021, under sections 420 IPC, as well as entire proceedings of Consequential Case No. 3713 of 2022 (State Vs. Vicky and other) under sections 420 IPC, Police Station- Amroha Nagar, District Amroha on the basis of compromise dated 13.9.2022 entered into by the parties.
It is submitted that on account of intervention of their well-wishers, a compromise has been arrived at between the parties. The said compromise has been filed before the court concerned. It is further contended that proceedings of the aforesaid case may be quashed on the basis of compromise arrived at between the parties.
Whether a compromise has taken place or not can best be ascertained by the court where the proceedings are pending, after ensuring the presence of the parties before it.
Put up this case on 15.3.2022 as fresh.
Learned counsel for the applicants undertakes to ensure the presence of the parties before the court below or any other transferee court, as the case may be, on 23.2.2022 and the court concerned, thereafter, shall ascertain the veracity of the compromise. If the said compromise is verified, the same shall be made part of the record and report to that effect, will be prepared and sent to this Court by the next date.
Parties are also directed to produce certified copy of this order before the court concerned on the date fixed before it.
Till the next date of listing, no coercive action shall be taken against the applicant in aforementioned case cirme number."
In compliance of the aforesaid order the report regarding verification of compromise received from Chief Judicial Magistrate, Amroha has been placed on record as is evident from the office report dated 15.03.2023. The letter of Chief Judicial Magistrate, Amroha dated 14.02.2023 been placed on record along with compromise deed as well as order dated 13.02.2023 vide which the compromise has been verified in the presence of parties and their respective counsels.
Learned counsel for the applicants submits that in view of the aforesaid compromise being verified by the court concerned, the entire proceedings of the aforesaid criminal case may be quashed by this Court.
Learned A.G.A. for the State also affirms that the parties have entered into compromise, he has no objection if the proceedings of the aforesaid case are quashed.
This Court is not unmindful of the following judgements of the Apex Court:
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; and
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 and Pramod & Another Vs. State of U.P. & Another (Application U/S 482 No.12174 of 2020, decided on 23rd February, 2021) 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 counsel for the parties, the court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute.
Accordingly, entire criminal proceedings of Case No. 3713 of 2022, (State Vs. Vicky and others) being Case Crime No. 449 of 2021, under section 420 IPC, Police Station Amroha Nagar, District Amroha, pending in the Court of Chief Judicial Magistrate, Amroha on the basis of compromise, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 15.3.2023 Arti