Allahabad High Court
Azaz Ali vs State Of U.P. on 6 August, 2022
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 81 Case :- APPLICATION U/S 482 No. - 10622 of 2022 Applicant :- Azaz Ali Opposite Party :- State of U.P. Counsel for Applicant :- Kamla Prasad Tiwari Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Kamla Prasad Tiwari, learned counsel for the applicant, Mr. Amit Singh Chauhan, learned AGA for the State and perused the records.
The present application under Section 482 Cr.P.C. has been filed for quashing the chargesheet No.282/2020, dated 4.12.2020 andcognizance order dated 5.4.2021 as well as the entire proceeding of Case No.432 of 2021, under section 323, 506, 498A I.P.C. and Section 3/4 D.P. Act, P.S.- Bachrayun,District - Amroha.
On 27.05.2022, the following order was passed:-
"Heard learned counsel for the applicants and learned AGA for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing the the entire proceeding of Case No.432 of 2021, under section 323, 506, 498A I.P.C. and Section 3/4 D.P. Act, P.S. - Bachrayun,District - Amroha and chargesheet No.282/2020, dated 4.12.2020, and the learned Magistrate has taken cognizance dated 5.4.2021. It has further been prayed to stay the further proceeding of the aforesaid case.
It has been stated that the parties have amicably settled their disputes and have entered into the compromise. The compromise deed dated 16.04.2021 has been annexed as Annexure-5 to this application. It is further submitted that a week's time may be granted to file an application along with the compromise deed before the court below for verification of the same.
As prayed, the applicant shall file an application along with the compromise deed before the Court below within a week for the purposes of verification of the compromise. On receiving the said application the Court below shall take steps for verification of the compromise and submit its report alongwith verified copy of the compromise by the next date of listing.
List this case in the week commencing 01.08.2022.
Till the next date of listing, proceedings of aforesaid case shall remain stayed."
In compliance of the aforesaid order dated 27.05.2022, a compromise verification report dated 25.06.2022 from the Civil Judge (S.D.)/Additional Chief Judicial Magistrate-I, Amroha has been placed on record alongwith application, compromise deed as well as order dated 24.06.2022 vide which the compromise, so filed, has been verified in the presence of parties alongwith their counsel.
Learned counsel for the applicants submits that on account of compromise entered into between the parties concerned, all disputes between them have come to an end, and therefore, further proceedings against the applicant in the aforesaid case is liable to be quashed by this Court.
Learned A.G.A. does not dispute the aforesaid fact and submitted at the Bar that since the parties concerned have settled their dispute as mentioned above, therefore, he has no objection in quashing the impugned criminal proceedings against the applicants.
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, 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 charge sheet No.282/2020, dated 4.12.2020 andcognizance order dated 5.4.2021 as well as the entire proceeding of Case No.432 of 2021, under section 323, 506, 498A I.P.C. and Section 3/4 D.P. Act, P.S.- Bachrayun,District - Amroha are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
A copy of this order be certified to the lower court forthwith.
Order Date :- 6.8.2022 Jitendra/-