Allahabad High Court
Shiv Kumar Singh And 2 Ors vs State Of U.P. And Anr on 20 January, 2021
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 81
Case :- APPLICATION U/S 482 No. - 3719 of 2020
Applicant :- Shiv Kumar Singh And 2 Ors
Opposite Party :- State Of U.P. And Anr
Counsel for Applicant :- Shri Prakash Dwivedi
Counsel for Opposite Party :- G.A.,Chandra Shekhar Pandey
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Shri Prakash Dwivedi, learned counsel for the applicants, Mr. Kauslesh Chandra Shukla, Advocate holding brief of Mr. Chandra Shekhar Pandey, learned counsel for the opposite party no.2 and learned A.G.A. Perused the record.
This application u/s 482 Cr.P.C. has been filed with the prayer to quash the charge sheet dated 18.08.2019 and cognizance order dated 20.12.2019 as well as the entire proceedings of Case No. 10780 of 2019, (Stave vs. Shiv Kumar Singh and others), arising out of Case Crime No. 172 of 2019, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station- Chunar, District-Mirzapur, pending in the court of Chief Judicial Magistrate, Mirzapur on the basis of compromise between the parties.
On the matter being taken up, on 28.01.2020 the Court passed following order:-
"Learned counsel for both sides are present.
Vakalatnama as well as short counter, in form of affidavit and compromise entered in between, have been filed by opposite party No. 2, taken on record.
Let compromise be filed before trial court concerned, where, it shall be verified and acted upon. Certified copy of same be filed on record of this Court.
List in week commencing 30.3.2020.
Till then no coercive action shall be taken against the applicants."
Pursuant to aforesaid order dated 28.01.2020, the compromise application was filed by the parties before the learned Chief Judicial Magistrate, Mirzapur and the concerned Magistrate has passed the order dated 24.02.2020 verifying the compromise after ensuring the presence of the parties, certified copy of the order dated 24.02.2020 along with compromise application has been annexed as Annexure no.1 to Exemption Application in support of this application.
It has been submitted by learned counsel for the applicants 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. as well as learned counsel for the opposite party no.2 do not dispute the aforesaid fact and submitted at the Bar that since the parties concerned have settled their dispute as mentioned above, therefore, the opposite party no.2 has no grievance and 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 dated 18.08.2019 and cognizance order dated 20.12.2019 as well as the entire proceedings of Case No. 10780 of 2019, (Stave vs. Shiv Kumar Singh and others), arising out of Case Crime No. 172 of 2019, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station- Chunar, District-Mirzapur, pending in the court of Chief Judicial Magistrate, Mirzapur, 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 :- 20.1.2021
JK Yadav
