Allahabad High Court
Kapil And 3 Others vs State Of U.P. And Another on 13 August, 2024
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:131370 Court No. - 75 Case :- APPLICATION U/S 482 No. - 19478 of 2021 Applicant :- Kapil And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Kumar,Aradhana Singh Counsel for Opposite Party :- G.A.,Upendra Kumar Mishra Hon'ble Mrs. Manju Rani Chauhan,J.
1. Mr. Anand Kumar, learned counsel for the applicants, Ms. Nandini, Advocate holding brief of Mr. Upendra Kumar Mishra, learned counsel for the opposite party no. 2 and Mr. Akhilesh Kumar Srivastava, learned counsel for the State, are present.
2. The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of Criminal Case No. 529 of 2021 (State Vs. Kapil and others) arising out of Case Crime No. 31 of 2021, under sections 498A, 377, 354B, 323 IPC and section 3/4 Dowry Prohibition Act, 1961, P.S. Shimbhali, District Hapur as well as charge sheet dated 11.03.2021 and cognizance order dated 02.08.2021, pending before A.C.J.M., Garhmukteshwar, District Hapur.
3. On 09.02.2022 the following order was passed:-
"Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed praying for quashing the proceedings of Criminal Case No. 529 of 2021 (State Vs. Kapil and others), arising out of Case Crime No. 31 of 2021 under Sections 498A, 377, 354B, 323 I.P.C. and Section 3/4 of Dowry Prohibition Act, 1961 Police Station Shimbhali, District Hapur, pending before learned Additional Chief Judicial Magistrate, Garhmukteshwar, District Hapur, as well as to quash the charge sheet dated 11.03.2021 and also the cognizance order dated 20.08.2021 passed in the aforesaid case.
Learned counsel for the applicants submits that since the charge sheet has been issued, the parties have reconciled their differences and a compromise has been entered between them which has been reduced in writing.
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 two months from today. Upon due verification, the court below may pass appropriate order in that regard and send a report to this Court.
List after two months.
Till then no coercive measure shall be taken against the applicants."
4. In compliance of the aforesaid order, the report regarding verification of compromise received from Judicial Magistrate, Hapur has been placed on record as is evident from the office report dated 22.03.2023. A letter of concerned Judicial Magistrate, Hapur dated 04.04.2022 has been placed on record along with copy of order dated 01.04.2022 vide which the compromise has been verified in the presence of parties and their respective counsels.
5. Learned A.G.A. for the State and learned counsel for opposite party no.2 also accept that the parties have entered into a compromise and the copy of the same has also been enclosed along with verification order dated01.04.2022, they have no objection, if the proceedings in the aforesaid case are quashed.
6. 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,
7. 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 and Pramod & Another Vs. State of U.P. & Another (Application U/S 482 No.12174 of 2020, decided on 23rd February, 2021) in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.
8. 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.
9. Accordingly, the proceedings ofentire proceeding of Criminal Case No. 529 of 2021 (State Vs. Kapil and others) arising out of Case Crime No. 31 of 2021, under sections 498A, 377, 354B, 323 IPC and section 3/4 Dowry Prohibition Act, 1961, P.S. Shimbhali, District Hapur as well as charge sheet dated 11.03.2021 and cognizance order dated 02.08.2021, pending before A.C.J.M., Garhmukteshwar, District Hapur, are hereby quashed.
10. The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 13.8.2024 Nisha