Allahabad High Court
Jugesh And 3 Others vs State Of U.P. And Another on 22 July, 2024
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:115965 Court No. - 75 Case :- APPLICATION U/S 482 No. - 19722 of 2023 Applicant :- Jugesh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anubhav Kumar Vimal Counsel for Opposite Party :- G.A.,Mayank Yadav,Vivek Kumar Singh Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard Mr. Anubhav Kumar Vimal, learned counsel for the applicants, Mr. Mayank Yadav, learned counsel for the opposite party no.2, Mr. Amit Singh Chauhan, learned AGA-I for the State and perused the records.
2. The present application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceedings of Criminal Case No.18 of 2023, arising out of Case Crime No.177 of 2022 (State vs. Jugesh and others), under Sections 323, 504, 506, 324, 325, 308 IPC, Police Station-Dhanari, District-Sambhal, pending before the court of Civil Judge (Senior Division)/A.C.J.M., Sambhal at present Chandausi on the basis of compromise.
3. Learned counsel for the applicants submits that in the cross case being Case No. 14 of 2023 (State Vs. Bharat and others) arising out of Case Crime No.178 of 2022, under Sections-323, 504, 506, 324, 325, 308 I.P.C., Police Station- Dhanari, District-Sambhal, the parties have entered into crompromise and the compromise has been verified. Accordingly, the application U/s 482 No.14022 of 2023 filied for qushing of the entire proceedings has been allowed by the Co-ordinate Bench of this Court vide order dated 11.08.2023, which is as follows:-
"Heard learned counsel for the applicants and learned AGA for the State.
The present 482 Cr.P.C. application has been filed to quash the the entire proceedings of Case No. 14 of 2023 (State Vs. Bharat and others) arising out of Case Crime No.178 of 2022, under Sections-323, 504, 506, 324, 325, 308 I.P.C., Police Station- Dhanari, District-Sambhal, pending in the court of Civil Judge (S.D.)/A.C.J.M. Sambhal at present Chandausi, on the basis of compromise held between the parties.
This court, vide order dated 7.7.2023, directed the court below to verify the compromise/settlement dated 18.5.2023, entered into between the parties and to send a compromise verification report to this Court. The order of this Court dated 7.7.2023 is being reproduced below:-
"1. Heard Shri Mayank Yadav, learned counsel for the applicants, Shri Anubhav Kumar Vimal, learned counsel for opposite party no. 2 and Shri K.K. Tripathi, learned A.G.A. for the State.
2. The instant application under Section 482, Cr.P.C. has been filed by the applicants to quash the entire proceedings of Criminal Case No. 14 of 2023, State vs. Bharat and other, arising out of Case Crime No. 178 of 2022, under Sections 323, 504, 506, 324, 325, 308 I.P.C., Police Station Dhanari, District Sambhal pending before the Civil Judge (Senior Division)/A.C.J.M. Sambhal at present Chandausi.
3. It is submitted that both parties are relatives. The applicants had also lodged FIR regarding the incident and cross case is pending in the Trial Court regarding the occurrence. Learned counsel for the applicants submitted that with the intervention of respective family members of both the parties, the parties have amicably settled their dispute and now they do not have any grievance against each other. In the aforesaid case crime number, apart from the opposite party no. 2. Jugesh, Smt. Vimla Devi and Mukesh are also injured. Smt. Vimla Devi is the mother of opposite party no. 2 and Mukesh is his brother.
4. Learned counsel for the applicants has filed a compromise deed executed between the parties as Annexure to the supplementary affidavit dated 23.05.2023.
5. Since both the parties have settled their dispute amicably and opposite party no. 2 does not want to prosecute the criminal case and the compromise deed executed between the parties has been filed, let the said compromise deed be verified by the Trial Court concerned for which parties will approach the Trial Court concerned within 15 days. The Trial Court shall verify the compromise deed after getting the parties duly identified within 10 days from the date of parties appearance. The Trial Court shall submit the compromise verification report to this Court by 08.08.2023.
6. Put up for hearing on 11.08.2023 as fresh.
7. Interim order, if any, is extended till the next date of listing. "
In pursuance of the order dated 7.7.2023 of this court, Civil Judge (J.D.)/Judicial Magistrate, Sambhat at Chandausi has submitted his report dated 22.7.2023 along with compromise verification order dated 22.7.2023. In the report, it is mentioned that the parties have willingly entered into compromise and have settled their dispute amicably.
The fact of entering into compromise and verification of the same is also admitted by the counsel for opposite party No.2.
Considering the above fact as well as in view of the law laid down by the Apex Court in Gian Singh Vs. State of Punjab & Another (2012) 10 SCC 303, Narinder Singh & Others Vs. State of Punjab & Another (2014) 6 SCC 477, State of M.P. Vs. Laxmi Narayan, AIR 2019 SC 1296 and State of M.P. Vs. Dhruv Gurjar, AIR 2017 SC 1106, proceeding of Case No.Case No. 14 of 2023 (State Vs. Bharat and others) arising out of Case Crime No.178 of 2022, under Sections-323, 504, 506, 324, 325, 308 I.P.C., Police Station- Dhanari, District-Sambhal, pending in the court of Civil Judge (S.D.)/A.C.J.M. Sambhal at present Chandausi, is hereby quashed.
With the aforesaid direction, the present application is allowed."
4. The present case is cross case wherein the parties have entered into compromise. Once the proceedings in the other case has been quashed, nothing remains. Therefore, the entire proceedings against the applicants in the aforesaid case is liable to be quashed by this Court.
5. Learned A.G.A. for the State as well as counsel for the opposite party no.2 does not dispute the aforesaid fact and submitted at the Bar that since the parties concerned have settled their dispute as mentioned above and the parties do not want to proceed with the case, therefore, they have no objection in quashing the impugned criminal proceedings against the applicants.
6. Before proceeding any further it shall be apt to make a brief reference to the following cases:-
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. 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 entire proceedings of Criminal Case No.18 of 2023, arising out of Case Crime No.177 of 2022 (State vs. Jugesh and others), under Sections 323, 504, 506, 324, 325, 308 IPC, Police Station-Dhanari, District-Sambhal, pending before the court of Civil Judge (Senior Division)/A.C.J.M., Sambhal at present Chandausi is hereby quashed.
10. The application is, accordingly, allowed. There shall be no order as to costs.
12. It is always open to the parties to approach before this Court in case verification has been done by playing fraud.
13. A copy of this order be sent to the lower court forthwith.
Order Date :- 22.7.2024 Jitendra/-