Allahabad High Court
Komal Singh And Another vs State Of U.P. And Another on 9 February, 2021
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 81
Case :- APPLICATION U/S 482 No. - 15273 of 2020
Applicant :- Komal Singh And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Hare Ram
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Short counter affidavit has been filed today by learned counsel for the opposite party no. 2, stating therein that the parties have entered into compromise.
Heard learned counsel for the applicants, the learned Additional Government Advocate for the State and learned counsel for opposite party no.2 as well as perused the entire material available on record.
This application under Section 482 Cr.P.C. has been filed for quashing the impugned charge sheet no. 01/2020 dated 28.01.2020 as well as the cognizance order dated 09.07.2020, arising out of Case Crime No. 001/2019 as well as the entire proceeding of the Case No. 1706/2020 (State vs. Balbeer and others), arising out of Case Crime No. 001 of 2019, under Sections 498-A, 323, 504, 506, 452 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District Jaunpur, pending before the Chief Judicial Magistrate, Jaunpur on the basis of compromise so arrived at between the parties.
Learned counsel for the applicants submits that the applicant no.1 is the niece of husband of opposite party no. 2 and the applicant no. 2 is the sister-in-law of opposite party no. 2.
Learned counsel for the applicants further submits that the parties have entered into compromise before the Mediation and Conciliation Centre of District Court, Jaunpur, copy of the report alongwith agreement entered into between the parties has been placed alongwith this application as Annexure-2 to this application. Learned counsel for the applicants also submits that since the compromise so arrived at between the parties before the District Court, Jaunpur, the entire proceedings of the aforesaid case be quashed by this Court.
On the instruction received, learned counsel for opposite party no.2 submits that since the parties have entered into a compromise, opposite party no. 2 has no objection, if the proceedings in 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,
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 case as the parties have already settled their dispute.
Accordingly, the proceedings of impugned charge sheet no. 01/2020 dated 28.01.2020 as well as the cognizance order dated 09.07.2020, arising out of Case Crime No. 001/2019 as well as the entire proceeding of the Case No. 1706/2020 (State vs. Balbeer and others), arising out of Case Crime No. 001 of 2019, under Sections 498-A, 323, 504, 506, 452 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District Jaunpur, pending before the Chief Judicial Magistrate, Jaunpur , are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 9.2.2021
Monika
