Allahabad High Court
Vaseem And 3 Others vs State Of U.P. And Another on 9 May, 2023
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:99431 Court No. - 68 Case :- APPLICATION U/S 482 No. - 13323 of 2023 Applicant :- Vaseem And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Sandeep Kumar Srivastava, learned counsel for the applicants, Mr. K.P. Pathak, learned AGA for the State and perused the records.
This application under Section 482 Cr.P.C. has been filed to quash the charge sheet No.102/2020 dated 14.03.2020 as well as entire proceedings of Case No.10193 of 2020 (New No.7624/2020), arising out of Case Crime No.83 of 2020, under sections 323, 504, 506, 452 IPC, police station Amroha Nagar, district J.P. Nagar (Amroha) pending in the court of CJM, J.P. Nagar(Amroha), on the basis of compromise entered into by the parties.
Earlier, the applicants have approached before this Court by means of filing an Application U/s 482 No.25668 of 2022, wherein on 14.09.2022, the following order was passed:-
"Heard learned counsel for the applicants, learned counsel for opposite party No. 2, learned A.G.A. for the State and perused the record.
The instant application under Section 482 Cr.P.C. has been filed for quashing of the entire proceedings of Case No.10193 of 2020, arising out of Case Crime No.83 of 2020, under sections 323, 504, 506, 452 IPC, police station Amroha Nagar, district J.P. Nagar (Amroha) pending in the court of CJM, Amroha.
Learned counsel for the applicant submit that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No.3 to the present application.
Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below as such compromise has to be duly verified in presence of the parties concerned before the Court.
Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record.
The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicant to approach this Court again for quashing of the proceedings.
For a period of one month, the proceedings of Case No.10193 of 2020, arising out of Case Crime No.83 of 2020, under sections 323, 504, 506, 452 IPC, police station Amroha Nagar, district J.P. Nagar (Amroha) pending in the court of CJM, Amroha shall remain stayed against the applicant in the aforesaid case.
Office is directed to return the original compromise deed to the learned counsel for the applicant, if any, after taking the photocopy of the same."
In compliance of the aforesaid order dated 13.09.2022, compromise has been verified vide order dated 01.10.2022 in the presence of the parties alongwith their respective counsels. A certified copy of the aforesaid order has been annexed as Annexure No.5 to this application.
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. He further submits that in the cross case, proceedings have already been quashed by this Court vide order dated 21.03.2023 passed in Application U/s 482 No.25744 of 2022.
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 entire proceedings of Case No.10193 of 2020 (New No.7624/2020), arising out of Case Crime No.83 of 2020, under sections 323, 504, 506, 452 IPC, police station Amroha Nagar, district J.P. Nagar (Amroha) pending in the court of CJM, J.P. Nagar(Amroha) is 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 :- 9.5.2023 Jitendra/-