Allahabad High Court
Sandeep Vaswani And Another vs State Of U.P. And Another on 7 January, 2021
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 81
Case :- APPLICATION U/S 482 No. - 14685 of 2020
Applicant :- Sandeep Vaswani And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Hitesh Pachori
Counsel for Opposite Party :- G.A.,Ashutosh Pandey, Atul Pandey
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Hitesh Pachori, learned counsel for the applicants, Sri Atul Pandey, learned counsel for opposite party no. 2 and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for challenging charge sheet dated 14.06.2019 and the cognizance order dated 03.07.2019 as well as the entire proceedings of Case no. 323 of 2019 (State of U.P. vs. Sandeep Vaswani), arising out of Case Crime No. 0013 of 2019, under Sections 498A, 323, 406, 504, 506, 427 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District - Agra, pending in the court of Additional Chief Judicial Magistrate-05, Agra.
On 30.09.2020, following order was passed:
"Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present 482 Cr.P.C. application has been filed to quash the entire criminal proceeding alongwith charge sheet dated 14.06.2019 and cognizance order dated 03.07.2019 in Case No.323 of 2019 (State of U.P. Vs. Sandeep Vaswani), arising out of Case Crime No.0013 of 2019, under Sections 498-A, 323, 406, 504, 506, 427 I.P.C. & 3/4 of D.P. Act, Police Station Mahila Thana, Agra in pursuance of compromise dated 21.08.2020 between the parties, pending in the court of Additional Chief Judicial Magistrate-05, Agra.
Learned counsel for the applicants submits that the parties have entered into compromise, copy of which is annexed as Annexure 3 to the application. The parties have also filed divorce petition under Section 13-B of Hindu Marriage Act as is clear from Annexure 4.
Sri Virendra Singh holding brief of Sri Atul Pandey, learned counsel appearing on behalf of opposite party no.2, states that he will be filing Vakalatnama on behalf of Sri Atul Pandey, Advocate, for opposite party no.2 along with short counter affidavit in the Registry today accepting the compromise.
Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order on the next date fixed and be permitted to file an application for verification of the original compromise document. It is expected that the trial court may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order with respect to the verification within a period of one month from today. Upon due verification, the court below may pass appropriate order in that regard and send a report to this Court.
Put up on 02.12.2020 as fresh.
Till then no coercive measure shall be taken against the applicants in the aforesaid case.
When the case is listed next, the name of Sri Atul Pandey shall be shown for opposite party no.2."
In compliance of the order dated 30.09.2020, the court of Civil Judge (J.D.)/Fast Track Court, Court No. 1, Agra vide order dated 24.11.2020 has verified the compromise between the parties.
This Court is not unmindful of the following judgments of the Apex Court:
a) B.S. Joshi and others Vs. State of Haryana and Another; (2003) 4 SCC 675;
b) Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677;
c) Manoj Sharma Vs. State and Others; (2008) 16 SCC 1;
d) Gian Singh Vs. State of Punjab; (2012) 10 SCC 303;
e) 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 Case no. 323 of 2019 (State of U.P. vs. Sandeep Vaswani), arising out of Case Crime No. 0013 of 2019, under Sections 498A, 323, 406, 504, 506, 427 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District - Agra, pending in the court of Additional Chief Judicial Magistrate-05, Agra, is hereby quashed.
This Application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 7.1.2021
Priya
