Allahabad High Court
Prem Singh And Another vs State Of U.P.And Another on 6 October, 2023
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:192985 Court No. - 86 Case :- APPLICATION U/S 482 No. - 35142 of 2016 Applicant :- Prem Singh And Another Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Ramesh Kumar Shukla Counsel for Opposite Party :- G.A.,Ashok Kumar Rai Hon'ble Rajiv Gupta,J.
1. Learned counsel for applicants is permitted to make necessary correction in the prayer clause of the instant application during the course of the day,
2. Heard learned counsel for the applicants, learned AGA for the State, Shri Ashok Kumar Rai, learned counsel for the opposite party no. 2 and perused the record.
3. Learned counsel for the applicants has submitted that applicant No.1 and opposite party no.2 are the real brothers and on account of property dispute the present criminal case was instituted against the applicants, however subsequently, with the intervention of respected members of both the family, the parties have amicably and genuinely settled their all disputes and differences and now, they do not have any grievance against each other.
4. Learned counsel for the applicants has next drawn the attention of the Court to the settlement agreement dated 18.06.2022 drawn between the parties, a copy of which has been annexed as Annexure 1 to this application.
5. Learned counsel for the applicants has next submitted that this Court vide order dated 29.5.2023 had directed the parties to appear before the court below and file the compromise before it. Pursuant to the said order, the parties appeared before the court below and in their presence, compromise has been verified and a verification report dated 13.06.2023 has been annexed to this application and the same shall form part of the record.
6. Learned counsel for the applicants has next submitted that in view of the said settlement agreement drawn between the parties and in order to maintain harmonious and cordial relations between them, the entire proceedings be quashed.
7. Learned counsel for the opposite party no.2 has also appeared and has acknowledged the said compromise made between the parties and has further stated, on instructions, that opposite party No.2 has no objection, if the entire proceedings are quashed.
8. Learned AGA could not dispute the aforesaid fact.
9. This Court is not unmindful of the judgements of the Hon?ble Apex Court in the cases of:-
(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. Wherein Hon'ble 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. and another [2013 (83) ACC 278], in which, law expounded by Hon'ble 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 learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the present case.
12. Accordingly, the entire proceedings of Case No. 1926 of 2020 (Old Case No.617 of 2015) (State vs. Prem Singh and another) arising out of Case Crime No. 374 of 2015, under Sections 352, 420, 406, 418, 504, 506 IPC, Police Station Afzakgarh, District Bijnor, pending in the court of A.C.J.M., Nagina, District Bijnor are hereby quashed.
13. This application under Section 482 CrPC is accordingly allowed.
Order Date :- 6.10.2023/Md Faisal