Allahabad High Court
Sundar Joshi And 2 Others vs State Of U.P. And Another on 2 March, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 52 Case :- APPLICATION U/S 482 No. - 1614 of 2021 Applicant :- Sundar Joshi And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajneesh Kumar Sharma,Vinod Shankar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Shiv Shanker Prasad,J.
Heard the learned learned counsel for the applicant and the learned Additional Government Advocate for the State as well as perused the material available on record.
This application under Section 482 Cr.P.C. has been filed to quash the entire proceeding of complaint case no. 2649 of 2020, (Sandeep Kumar Sharma vs Sundar & Ors), Under Sections 380 I.P.C., Police Station Amroha Nagar, District- Amroha pending in the Court of Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate 1st Amroha.
Learned counsel for the applicants submits that the dispute between the parties were purely civil and private in nature. The complaint case came to be lodged by the opposite party no. 2 owing to some misunderstanding and misgivings between the parties and not on account of any real occurrence as alleged. There was never any criminal intent on part of the applicants nor any criminal offence as alleged had ever occurred. At present, the parties to the dispute who are related to each other, have resolved their differences and made peace. In view of the settlement reached between the parties, they pray another chance be given to them to develop and experience normal relationship. The continuance of the criminal trial may in fact hamper the otherwise good chance of the parties enjoying a normal relationship. In such changed circumstances, the opposite party no. 2 does not wish to press charges against the applicants.
In the above regard, a compromise has been entered into between the parties copy of which has been enclosed as Annexure No. 1 to the Joint affidavit filed on behalf of the parties. Thereafter the applicants have approached this Court by means of present application for quashing the aforesaid case in terms of compromise entered into between the parties. A Coordinate Bench of this Court has disposed of the said application vide order dated 26th August, 2021.
For ready reference, order dated 26th August, 2021 reads as follows:
"Heard Sri Rajneesh Kumar Sharma, learned counsel for the applicants, learned AGA for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Complaint Case No.2649 of 2020 (Sandeep Kumar Sharma Vs. Sundar and others) under Section 380 IPC, P.S. Amroha Nagar, District Amroha pending in the court of Additional Civil Judge (S.D.)/Additional Chief Judicial Magistrate Ist, Amroha.
It has been stated that the parties have amicably settled their disputes and have entered into the compromise. The compromise deed has been annexed as Annexure 3 to this application.
The applicants shall file an application along with the compromise deed before the concerned Court below within 15 days for verification of the compromise. On receiving the said application the Court below shall take steps for verification of the compromise, within 15 days from date of receiving application and compromise, and shall prepare a report. The parties on filing a suitable application shall also be given a certified copy of the report.
List in the week commencing 18.10.2021 before appropriate Bench, on which date, the applicant shall file the report of the concerned Court regarding the verification of the compromise.
Till the next date of listing, no coercive action shall be taken against applicants in Complaint Case No.2649 of 2020 (Sandeep Kumar Sharma Vs. Sundar and others) under Section 380 IPC, P.S. Amroha Nagar, District Amroha."
Learned counsel for the applicant further submits that in compliance of the order of this Court dated 26th August, 2021, the court below has verified the said compromise vide order dated 3rd September, 2021 a copy of which has been enclosed as S.A.-1 to the supplementary affidavit.
Learned counsel for the applicants submits that since the parties have entered into a compromise and the same has also been verified by the court below the proceedings in the aforesaid case are liable to be 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 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 proceedings of complaint case no. 2649 of 2020, (Sandeep Kumar Sharma vs Sundar & Ors), Under Sections 380 I.P.C., Police Station Amroha Nagar, District- Amroha pending in the Court of Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate 1st Amroha, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 2.3.2023 Gaurav