Allahabad High Court
Abdul Rasheed And 7 Others vs State Of U.P. And Another on 7 January, 2021
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 89 Case :- APPLICATION U/S 482 No. - 61 of 2021 Applicant :- Abdul Rasheed And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
Heard Mr. V.K. Dubey, learned counsel for applicant and learned A.G.A. for State.
At the outset, learned counsel for applicant submits that he be permitted to amend the prayer clause of this application by seeking a challenge to the summoning order dated 17.5.2019 passed by Court below.
Prayer made for is bonafide. Accordingly, the same is allowed.
Let necessary correction in the prayer clause of this application be carried out during the course of day.
This application under Section 482 Cr.P.C. has been filed by applicant Abdul Rashid and eight others for quashing the entire proceedings of Case No.2579 of 2019 (State Vs. Abdul Rashid and others) arising out of Case Crime No.457 of 2017, under Sections 147, 149, 352, 323, 504, 506, 427 I.P.C., Police Station Kotwali, Khalilabad, District Sant Kabir Nagar as well as charge sheet dated 23.4.2017, the cognizance taking/summoning order dated 17.5.2019.
Learned counsel for applicant contends that the dispute between the parties is a purely private dispute. However, during pendency of above mentioned criminal case, the parties have amicably settled the dispute outside the Court and consequently a settlement agreement was arrived at between the parties. The same has been transformed into a compromise deed duly notified by a notary. Photocopy of same is on record at page 50 of the paperbook.
On the aforesaid premise, it is urged that since the dispute between the parties is a purely private dispute and parties have settled the dispute amicably outside the Court, no useful purpose shall be served by prolonging the proceedings of above mentioned criminal case. Interest of justice shall better be served in case the proceedings of above mentioned case are quashed by this Court itself, in exercise of jurisdiction under Section 482 Cr.P.C. instead of relegating the parties to Court below.
Per contra, learned A.G.A. as well as learned counsel for informant Mr. Ashish Kumar Gupta, who has put in appearance by filing a short counter affidavit in Court today, do not oppose the submissions urged by learned counsel for applicant. Learned counsel for informant further contends that once the informant himself has compromised with the accused then he cannot have any objection in case the proceedings of above mentioned criminal case are quashed by this Court.
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, 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. And another [2013 (83) ACC 278]. in which the law expounded by the Apex court in the aforesaid cases has been explained in detail. Reference may also be made to the judgment of Apex Court in the case of State of M.P. Vs. Laxmi Narayan and others AIR 2019 SC 1296.
Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for parties, this court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned complaint case.
Accordingly, the proceedings of Case No.2579 of 2019 (State Vs. Abdul Rashid and others) arising out of Case Crime No.457 of 2017, under Sections 147, 149, 352, 323, 504, 506, 427 I.P.C., Police Station Kotwali, Khalilabad, District Sant Kabir Nagar as well as charge sheet dated 23.4.2017, the cognizance taking/summoning order dated 17.5.2019, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 7.1.2021 Anil K. Sharma