Allahabad High Court
Shamshad And 2 Others vs State Of U.P. And Another on 14 January, 2020
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 76 Case :- APPLICATION U/S 482 No. - 41443 of 2019 Applicant :- Shamshad And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Sharma,Prashant Sharma Counsel for Opposite Party :- G.A.,Satish Kumar Hon'ble Mrs. Manju Rani Chauhan,J.
Supplementary affidavit filed on behalf of the applicants in Court today is taken on record.
Heard Mr. Pankaj Sharma, and Mr. Prashant Sharma, learned counsel for the applicants, the learned Additional Government Advocate for the State, and Mr. Satish Kumar, learned counsel for opposite party no.2 as well as perused the materials on record.
This application under Section 482 Cr.P.C. has been filed to quash the charge-sheet no. 98 of 2016, dated 6th May, 2016 as well as entire proceedings of Criminal Case No. 382 of 2017 (CNR No. UPJB 04000 15207) (State Vs. Samshad & Others), arising out of Case Crime No. 108 of 2016, under Sections 452, 323 and 504 I.P.C., Police Station-Naugaon Sadat, District-Amroha, pending in the Court of Chief Judicial Magistrate, Amroha.
On 3rd December, 2017, the Court has passed following order:
"1. Sri Satish Kumar, leaned counsel filed his vakalatnama on behalf of the opposite party no.2 today in the Court, is taken on record.
2. Heard learned counsel for the applicants and learned A.G.A. for the State.
3. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 06.05.2016 as well as the further proceedings of Case No. 382 of 2017 (State vs. Samshad and others) under Sections 452, 323, 504 IPC arising out of Case Crime No. 108 of 2016, Police Station- Naugaon Sadat, District- Amroha, pending in the court of learned Chief Judicial Magistrate, Amroha.
4. Learned counsel for the applicants submits that since the charge sheet had been submitted, the parties have reconciled their differences and a compromise has been entered between them which has been reduced in writing.
5. Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the submissions so advanced by learned counsel for the applicants.
6. Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order on the next date fixed and be permitted to file an application for verification of the original compromise document. It is expected that the trial court may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order with respect to the verification within a period of one month from today. Upon due verification, the court below may pass appropriate order in that regard and send a report to this Court.
7. Put up on 10th January, 2020 as fresh.
8. Till then, no coercive measure shall be taken against the applicants in the aforesaid case"
Pursuant to the above order, the Chief Judicial Magistrate, Amroha vide order dated 3rd January, 2020 has verified the compromise so entered into between the parties. In the order of the Chief Judicial Magistrate, Amroha dated 3rd January, 2020, though it has been mentioned that Amir son of Shamshad (applicant no.2 herein) was not present at the time of verification of the compromise but informant/complainant/opposite party no.2, namely, Sri Usman Khan has accepted that they have entered into the compromise and he did not raise any objection with regard to absence of applicant no.2. Certified copies of the order of the Chief Judicial Magistrate, Amroha dated 3rd January, 2020 and the compromise have been brought on record by means of the supplementary affidavit filed today.
Learned counsel for the applicants submits that in view of compromise so entered into between the parties, which has also been verified by the concerned Magistrate, the entire proceedings of the aforesaid criminal case are liable to be quashed.
Learned counsel for opposite party no.2 has also not denied the aforesaid facts. On instructions received from opposite party no.2, he submits that he has no objection, if the proceedings in 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,
5. Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466, In the aforesaid judgments, the Apex Court has categorically held wherein 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 complaint case as the parties have already settled their dispute.
Accordingly, the proceedings of Criminal Case No. 382 of 2017 (CNR No. UPJB 04000 15207) (State Vs. Samshad & Others), arising out of Case Crime No. 108 of 2016, under Sections 452, 323 and 504 I.P.C., Police Station-Naugaon Sadat, District-Amroha, pending in the Court of Chief Judicial Magistrate, Amroha, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
(Manju Rani Chauhan, J.) Order Date :- 14.1.2020 Sushil/-