Allahabad High Court
Yashpal And 3 Others vs State Of U.P. And Another on 21 January, 2021
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 89
Case :- APPLICATION U/S 482 No. - 1609 of 2021
Applicant :- Yashpal And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Brijesh Kumar Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
1. Heard Mr. Brijesh Kumar Pandey, learned counsel for applicants, learned A.G.A. for State and Mr. Sandeep Kumar Srivastava, Advocate, who has put in appearance on behalf of informant/opposite party no.2 by filing his vakalatnama as well as a short counter affidavit in court today, which is taken on record.
2. Instant application under section 482 Cr.PC has been filed challenging charge-sheet No. 147/2018 dated 24.12.2018 submitted in case Crime No. 165 of 2018 under Sections 323, 504, 324, 325 I.P.C. Police Station-Baccharayun, District- J.P. Nagar (Amroha) as well as entire proceeding of consequential Criminal Case No. 256 2019 (State Vs. Yashapal and others) pending in the Court of Chief Judicial Magistrate, District-J. P. Nagar (Amroha).
3. It transpires from record that in respect of an incident, which is alleged to have occurred on 06.11.2018, a delayed F.I.R. dated 14.11.2018 was lodged by first informant/opposite party no.2, Rohit, which was registered as case Crime No. 165 of 2018 under Sections 323, 504, 324, 325 I.P.C. Police Station-Baccharayun, District- J.P. Nagar (Amroha) In the aforesaid F.I.R. four persons namely Yashpal, Dharmendra, Kendrapal and Wakesh i.e. applicants herein, have been nominated as named accused.
4. Police upon registration of F.I.R. proceeded with statutory investigation of above mentioned case crime number in terms of Chapter XII Cr.P.C. Upon completion of statutory investigation of above mentioned case crime number, investigating Officer ultimately submitted a charge sheet dated 24.12.2018 whereby applicants, who are named accused have been charge-sheeted under Sections 323, 324, 325 and 504 I.P.C. Upon submission of aforesaid charge-sheet, court concerned took cognizance as well as summoned accused applicants by a common order dated 18.03.2019. As a result thereof, aforesaid criminal case came to be registered which is now pending in the Court Chief Judicial Magistrate, J. P. Nagar, Amroha
5. During pendency of above mentioned criminal case, parties amicably settled their dispute outside the court. Accordingly, a compromise application was filed before court below. Certified copy of the same is on record as Annexure-3 to the affidavit filed in support of present application. Aforesaid compromise was taken on record by court concerned vide order dated 03.09.2020. As no consequential order has been passed on the compromise application referred to above, applicants who are accused have now approached this Court seeking quashing of entire proceeding of above mentioned criminal case on the ground that a compromise has been entered into between the parties.
6. Learned counsel for applicants contends that dispute between the parties is a purely private dispute and parties have amicably settled their dispute outside the court by way of compromise. Consequently, a compromise application has been filed before court below, seeking adjudication of above mentioned criminal case on the basis of compromise.
7. It is thus urged that in view of above, no useful purpose shall be served by prolonging the proceedings of above mentioned case. Learned counsel for applicants further submits that interest of justice shall better be served in case entire proceeding of above mentioned case are quashed by this court itself in exercise of its jurisdiction under Section 482 Cr.P.C. instead of relegating the parties to court below.
8. Learned A.G.A. as well as learned counsel representing opposite party no.2 could not oppose the submissions urged by learned counsel for applicants. Learned counsel for informant/opposite party no.2 further contends that once opposite party no.2 has himself compromised the dispute with applicants and in pursuance thereof, he submitted a joint application before court concerned praying therein that case be decided on the basis of compromise, he cannot have any objection in case the matter is finally decided on the basis of said compromise. He has further invited the attention of the Court to the short counter affidavit filed by opposite party no.2 wherein opposite party no.2 has clearly stated that matter be decided on basis of compromise.
9. This Court is not unmindful of the following judgements of Apex Court:
i. B.S. Joshi and others Vs. State of Haryana and another (2003)4 SCC 675
ii. Nikhil Merchant Vs. Central Bureau of Investigation[2008)9 SCC 677]
iii. Manoj Sharma Vs. State and others ( 2008) 16 SCC 1,
iv. Gian Singh Vs. State of Punjab (2012) 10 SCC 303
v. Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466.
vi. State of M.P. V/s Laxmi Narayan & Ors. [AIR 2019 SC 1296]
10. In the aforesaid judgments, 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. And another [2013 (83) ACC 278]. in which the law expounded by the Apex court in some of the judgments noted above has been explained in detail.
11. 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 above mentioned case.
12. Accordingly, the proceedings of case Crime No. 165 of 2018 under Sections 323, 504, 324, 325 I.P.C. Police Station-Baccharayun, District- J.P. Nagar (Amroha) as well as entire proceeding of consequential Criminal Case No. 256 2019 (State Vs. Yashapal and others) pending in the Court of Chief Judicial Magistrate, District-J. P. Nagar (Amroha), are hereby quashed.
13. The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 21.1.2021
YK
