Allahabad High Court
Rajendra And 3 Ors vs State Of U.P. And Another on 6 January, 2021
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 81
Case :- APPLICATION U/S 482 No. - 22001 of 2019
Applicant :- Rajendra And 3 Ors
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Bhaskar Bhadra
Counsel for Opposite Party :- G.A.,Deepak Singh Yadav
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Bhaskar Bhadra, learned counsel for the applicants, Mr. Deepak Singh Yadav, learned counsel for opposite party no.2 and the learned Additional Government Advocate for the State as well as perused the material available on record.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Special Case No. 99 of 2017 (State Vs. Rajendra & Others) arising out of N.C.R. No. 151 of 2009, under Sections-427, 323 and 504 I.P.C., Police Station-Aonla, District-Bareilly, pending in the Court of Additional District Judge, Court no.8, Bareilly, on the basis of compromised so entered into between the parties on 29th March, 2019.
On 31st May, 2019, following order was passed by a Coordinate Bench of this Court:
"Sri Deepak Singh Yadav has put appearance on behalf of the opposite party-2. He has filed a short counter affidavit.
The filing of a compromise between the parties is admitted. In view of the fact Special Judge (SC/ST Act), Bareilly is directed to verify the compromise filed by the parties within a period of one month.
The parties are given liberty to file a certified copy of the verification order along with affidavit before this Court.
List on 7th August, 2019.
Till the next date of list no coercive action shall be taken against the applicants in Special Case No.99 of 2017, arising out of N.C.R. No.151 of 2009 (State vs. Rajendra and others) under Sections 427, 323, 504, I.P.C. P.S. Aonla, district Bareilly, pending in the court of Additional District Judge-II, Bareilly."
Learned counsel for the applicants further submits that in compliance of the order of this Court dated 31st May, 2019, the court below i.e. 2nd Additional District Judge/Special Sessions Judge (S.C./S.T. Act), Bareilly has verified the said compromise vide order dated 6th July, 2019, a copy of which has been enclosed as Annexure No. S.A.-2 to the supplementary affidavit filed on behalf of the applicants on 4th August, 2019.
Learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicant or the correctness of the documents relied upon by him.
On the instruction received, learned counsel for opposite party no.2 submits that since the parties have entered into a compromise and the same has also been verified by the court below, 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 wherein 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 special case as the parties have already settled their dispute.
Accordingly, the proceedings of Special Case No. 99 of 2017 (State Vs. Rajendra & Others) arising out of N.C.R. No. 151 of 2009, under Sections-427, 323 and 504 I.P.C., Police Station-Aonla, District-Bareilly, pending in the Court of Additional District Judge, Court no.8, Bareilly, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
(Manju Rani Chauhan, J.)
Order Date :- 6.1.2021
Sushil/-
