Allahabad High Court
Khursheed Khan @ Khursheed And Another vs State Of U.P. And Another on 4 January, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- APPLICATION U/S 482 No. - 25213 of 2022 Applicant :- Khursheed Khan @ Khursheed And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohit Singh Counsel for Opposite Party :- G.A.,Dileep Kumar Shukla Hon'ble Samit Gopal,J.
Heard Sri Anil Kumar, Advocate holding brief of Sri Mohit Singh, learned counsel for the applicants, Sri Dileep Kumar Shukla, learned counsel for the Opposite Party No.2 and Ms. Arti Agarwal, learned counsel for the State and perused the records.
The present application U/S 482 Cr.P.C. has been filed with the following prayer:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present Criminal Misc. Application (Under Section 482 Cr.P.C.) and to quash/set-aside the entire proceedings of Case No 1071 / 2021 (State vs. Khursheed & another) pending in the court of Chief Judicial Magistrate, Sambhal at Chandausi arising out of Case Crime No. 194 of 2021, under Sections 504, 506, 307, 323, 324 I.P.C., Police Station- Hayatnagar, District Sambhal with a further prayer to stay the further proceedings in the said case."
A first information report was lodged by Mohd. Kamil, opposite party no.2 on 30.04.2021 as Case Crime No. 194 of 2021, under Sections 147, 504, 323, 506, 307, Police Station Hayatnagar, District Sambhal against six persons namely Khurshid, Hasrat, Mohd. Ali, Ishtakar, Uvaish and Yaadali. The investigation concluded and a charge-sheet no.1 dated 23.06.2021, the certified copy of which has been annexed as Annexure-5 to the affidavit was filed against Khurshid and Hasrat only under Sections 504, 506, 307, 323, 324 I.P.C. on which the accused persons were summoned vide order dated 17.05.2021. The parties entered into compromise between them vide order dated 29.08.2022 passed by another Bench of this Court which was sent for verification before the trial court. The said order is quoted herein below:-
"Heard learned counsel for the applicants and learned A.G.A. for the State. Perused the record.
This application u/s 482 Cr.P.C. has been preferred seeking the quashing the entire proceedings of Case No.1071 of 2021 (State vs. Khursheed and another) pending before the court of CJM, Sambhal at Chandausi arising out of Case Crime No.194 of 2021, under Sections 504, 506, 307, 323, 324 IPC, Police Station-Hayatnagar, District-Sambhal.
The submission of learned counsel for the applicants is that through good offices of certain well-meaning persons the parties have amicably settled the dispute among themselves and have mutually compromised in the matter. According to the counsel there is no dispute left out any more in between the parties and they wish no more litigation in between them.
The contention of the counsel for the applicant is that as the opp. party no.2 is not interested to pursue the matter pending in the lower court and is not inclined to give any evidence against the accused, the acquittal of the accused-applicant is now a foregone conclusion. It shall be a sheer abuse of the court's process, if the proceedings going on in the lower court are still allowed to go on further. Submission therefore is that in the wake of the inter-se compromise arrived at in between the parties, the impugned proceedings ought to be quashed.
Let compromise, if any, be filed before trial court, where it shall be verified in presence of both sides and after its verification, certified copy of compromise along with verification order of trial court concerned, be filed on record of this Court, by way of supplementary affidavit.
List this case on 14th October, 2022 as fresh.
Till the next date of listing, no coercive action shall be taken against the applicant in the above mentioned case."
As per the office report dated 25.11.2022 the report regarding verification of the said compromise has been received. A perusal of the same goes to show that vide report dated 04.11.2022 / 17.11.2022 the Civil Judge (Senior Division) / A.C.J.M., Chandausi, Sambhal at Chandausi has verified the said compromise and has given his report to the said effect. The present dispute as appears from the records is a dispute inter-see between two parties. Since the parties have entered into compromise and have settled their grievances and the said compromise also stands duly verified by the trial court and further learned counsel for the opposite party no.2 also states of the parties entering into compromise no useful purpose would be served in getting the present petition pending and the parties being relegated to trial.
The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (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) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed.
From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings as prayed for by the applicants.
The present application is allowed.
The proceedings in the aforesaid case is hereby quashed.
Office is directed to communicate this order to the concerned court within two weeks from today.
Order Date :- 4.1.2023 AS Rathore (Samit Gopal,J.)