HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:100104 Court No. - 68 Case :- APPLICATION U/S 482 No. - 11791 of 2022 Applicant :- Mohd. Atif And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A.,Brijesh Kumar Pandey Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Sandeep Kumar Srivastava, learned counsel for the applicants, Mr. Brijesh Kumar Pandey, learned counsel for the opposite party no.2 and Mr. Amit Singh Chauhan, learned A.G.A. for the State and perused the record.
On 19.05.2022, 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 entire proceedings of charge sheet No.477/2020 dated 30.11.2020 and charge sheet No.477-A/2020 dated 16.04.2021, in Session Trial No.629 of 2021, arising out of Case Crime No.463 of 2020, under Sections 498-A, 323, 504, 506, 354, 376, 511 IPC and Section 3/4 D.P. Act and Section 4 of Muslim Women Marriage Protection Act, 2019, Police Station Amroha Nagar, District J.P. Nagar (Amroha), pending the court of Additional Session Judge/Fast Track Court (FTC), Court No.1, Amroha in terms of Compromise dated 16.03.2022 and to stay the further proceedings of the aforesaid case.
Learned counsel for the applicant 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 in the aforesaid case."
In compliance of the aforesaid order, compromise verification report from Additional District and Sessions Judge/Fast Track Court, Court No.1 Amroha is kept on record as is evident from office report dated 21.04.2023. A letter dated 16.12.2022 of Additional District and Sessions Judge/Fast Track Court, Court No.1 Amroha has been placed along with order dated 14.06.2022 vide which compromise has been verified in presence of the parties along with their respective counsels.
Learned counsel for the parties submit that husband and wife have decided to stay together. They further submit that as the compromise has been verified by the Court concerned, therefore, the entire proceedings of the aforesaid case may be quashed by this Court.
Learned A.G.A. for the State as well as learned counsel for the opposite party no.2 also affirms that the parties have entered into compromise, they have no objection if the proceedings of the aforesaid case are quashed.
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; and
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 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.
Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by counsel for the parties, the court is of the considered opinion that no useful purpose would 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 charge sheet No.477/2020 dated 30.11.2020 and charge sheet No.477-A/2020 dated 16.04.2021, in Session Trial No.629 of 2021, arising out of Case Crime No.463 of 2020, under Sections 498-A, 323, 504, 506, 354, 376, 511 IPC and Section 3/4 D.P. Act and Section 4 of Muslim Women Marriage Protection Act, 2019, Police Station Amroha Nagar, District J.P. Nagar (Amroha), pending the court of Additional Session Judge/Fast Track Court (FTC), Court No.1, Amroha, on the basis of compromise, are hereby quashed.
The application is, accordingly, allowed.
Order Date :- 9.5.2023 Rahul.