Allahabad High Court
Vinod Kumar Verma vs State Of U.P. And 2 Others on 22 February, 2021
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 81
Case :- APPLICATION U/S 482 No. - 2295 of 2021
Applicant :- Vinod Kumar Verma
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Surendra Kumar Pal,Vinod Kumar Sharma
Counsel for Opposite Party :- G.A.,Vijay Bahadur Yadadv
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Vinod Kumar Sharma, learned counsel for the applicants, the learned Additional Government Advocate for the State, and Mr. Vijay Bahadur Yadadv, learned counsel for opposite party no.2 as well as perused the entire material available on record.
The present 482 Cr.P.C. application has been filed to quash the charge sheet no.1, dated 10.06.2020 and cognizance order dated 16.12.2020 as well as the entire proceedings of Case No. 1648 of 2020, arising out of Case Crime No. 24 of 2019, under Sections - 498A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station-Mahila Thana, District-Prayagraj, pending in the court of learned Additional Chief Judicial Magistrate, Room No. 17, Allahabad.
On the matter being taken up, on 09.02.2021 the Court passed following order:-
"Joint affidavit has been filed by applicant (husband) Vinod Kumar Verma and opposite party no. 2 (wife) Sweta Patel stating therein that both are living together as husband and wife and they have amicably settled their disputes.
The applicant Viond Kumar Verma and opposite party no. 2 Sweta Patel are directed to appear in person before this Court on the next date.
Put up as fresh on 22.02.2021.
Interim order, granted earlier, shall continue till the next date of listing."
In compliance of the order of the Court dated 09.02.2021, the applicant, namely, Vinod Kumar Verma and the opposite party no.2, namely, Smt. Sweata Patel are present in Court today, who have been identified by their counsel and their signatures have also been attested by them. The parties states that they are living together happily and the present F.I.R. was lodged as the husband (applicant) was suffering from some mental problems, but now he is under treatment and there is improvement shows in their part, therefore, they have started living together happily and have no grudge and grievance.
Learned counsel for the applicants has also filed a joint affidavit of both the parties. In paragraph no. 4, it has been stated as follows:-
"4. That both the deponents clearly and specifically state here that both are now living with each other happily and peacefully along with their both children (son and daughter). They also clarify and state here that they have no complaint against each other as well as there are no disputes of any types between them. They do not want to pursue their present case as the same will be a futile exercise and abuse of the process of the court."
Learned counsel for the applicants submits that since the compromised so arrived at between the parties, the entire proceedings of the aforesaid criminal case be may 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 criminal case as the parties have already settled their dispute.
Accordingly, the entire proceedings of Case No. 1648 of 2020, arising out of Case Crime No. 24 of 2019, under Sections - 498A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station-Mahila Thana, District-Prayagraj, pending in the court of learned Additional Chief Judicial Magistrate, Room No. 17, Allahabad, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 22.2.2021
JK Yadav
