Shobhit And 3 Ors vs State Of U.P. And Another
2021 Latest Caselaw 935 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 81
 

 
Case :- APPLICATION U/S 482 No. - 42123 of 2019
 

 
Applicant :- Shobhit And 3 Ors
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Anand Ji Mishra,Kaushal Kumar Pandey
 
Counsel for Opposite Party :- G.A.
 
Connected with
 
Case :- APPLICATION U/S 482 No. - 15712 of 2020
 

 
Applicant :- Shobhit And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Anand Ji Mishra,Kaushal Kumar Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Mr. Anand Ji Mishra and Mr. Kaushal Kumar Pandey, learned counsel for the applicants and the learned Additional Government Advocate for the State as well as perused the entire material available on record of both the applications.

These two applications under Section 482 Cr.P.C. have been filed challenging the Charge-sheet dated 27th May, 2017, cognizance order dated 7th October, 2017 as well as the entire proceedings of Criminal Case No. 1852 of 2017 (State Vs. Sobhit & Others), arising out of Case Crime No. 65 of 2017, under Sections 498-A, 323, 506 I.P.C. as also under Sections 3/4 D.P. Act, Police Station-Saroonpur, District-Meerut, pending in the Court of Judicial Magistrate, Sardhana, District-Meerut on the basis of compromised so arrived at between the parties.

From the records, it is clear that applicant nos. 1 to 3 of both the aforesaid applications are husband, Jeth and maternal father-in-law of daughter of opposite party no.2, namely, Maafi, whereas applicant no.4 of Application U/S 482 No. 42123 of 2019 is maternal mother-in-law of Maafi.

On the matter being taken up, on 2nd December, 2019, a Coordinate Bench of this Court passed following order in Application U/S 482 No. 42123 of 2019:

"Heard learned counsel for the applicants and learned A.G.A. for the State.

Learned counsel for the applicants submits that an opportunity be granted to the parties for reconciliation / settlement of their dispute by way of mediation. Applicants are also willing to settle the matter through mediation.

I agree with the submission advanced by the learned counsel for the applicants.

The matter is referred to Mediation & Conciliation Centre of this Court. The applicants are directed to deposit a sum of Rs. 20,000/- by way of demand draft / pay order in the name of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre within a period of 30 days from today. After deposit of the aforesaid money, office shall send a notice to the opposite party no.2 fixing a date to appear before the Mediation and Conciliation Centre of this Court. The aforesaid amount shall be payable to the opposite party no.2 on his/her appearance before the Mediation and Conciliation Centre. The Mediation Centre will submit its report by the date fixed in the matter.

All the opposite parties may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.

List this case on 08.04.2020 before the appropriate Bench alongwith the report of Mediation Centre.

Till the next date of listing, further proceedings against the applicants in case no. 1852 of 2017 arising out of case crime no.65 of of 2017 under Sections 498-A, 323, 506 IPC and 3/4 Dowry Prohibition Act, P.S. Saroorpur, District Meerut pending in the Court of Judicial Magistrate, Sardhana, Meerut shall remain stayed.

If the amount, as directed above, is not deposited by the applicants within the aforesaid period, the stay order shall automatically come to an end and the office shall immediately list this case for further orders before the Court. "

On 21st October, 2020, this Bench passed following order in Application U/S 482 No. 15712 of 2020:

"Heard learned counsel for the applicants and learned A.G.A. for the State.

The present 482 Cr.P.C. application has been filed to quash the order dated 14.09.2020 and the entire proceedings of Criminal Case No. 1852 of 2017 (State Vs. Shobhit & others), arising out of Case Crime No. 65 of 2017, under Sections - 498A, 323, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station- Saroorpur, District- Meerut, pending in the court of Judicial Magistrate, Sardhana Meerut.

It has been submitted by learned counsel for the applicants that earlier an Application U/s 482 Cr.P.C No. 42123 of 2019 was filed with a prayer to quash the charge sheet in the present case. By order dated 02.12.2019, a Co-ordinate Bench of this Court was pleased to refer the matter to the Mediation Centre. During the pendency of the present case, parties have entered into compromise, therefore, an application was moved before the concerned court to pass appropriate orders accordingly. Subsequently, the court of Judicial Magistrate, Sardhana Meerut has rejected the aforesaid application by order dated 14.09.2020 on the ground that the court has no jurisdiction to entertain such an application in the offences which are non-compoundable.

In view of the facts that the parties have entered into compromise, no purpose would be solved to keep the matter lingering as it would be a futile exercise and sheer wastage of time of court. Keeping this in mind, the court below is directed to ensure the presence of the parties and verify the compromise between the parties which has been filed before the court concerned. Upon due verification, the court below may pass appropriate order in that regard and send a report to this Court.

Put up this case on 5th January, 2021 as fresh.

Till then no coercive measure shall be taken against the applicants.

Connect this matter along with Application U/s 482 No. 42123 of 2019."

Pursuant to the order of this Bench dated 21st October, 2020, the Civil Judge (Junior Division)/ Judicial Magistrate, Sardhana, Meerut has sent a letter dated 26th November, 2020 to this Court along with order dated 28th October, 2020, whereby the Civil Judge, after hearing both the parties, has verified the compromise so entered into between the parties.

Learned counsel for the applicants submits that since the compromised so arrived at between the parties and the same has also been verified by the court below, the entire proceedings of the aforesaid criminal case be may be quashed by this Court.

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 proceedings of Charge-sheet dated 27th May, 2017, cognizance order dated 7th October, 2017 as well as the entire proceedings of Criminal Case No. 1852 of 2017 (State Vs. Sobhit & Others), arising out of Case Crime No. 65 of 2017, under Sections 498-A, 323, 506 I.P.C. as also under Sections 3/4 D.P. Act, Police Station-Saroonpur, District-Meerut, pending in the Court of Judicial Magistrate, Sardhana, District-Meerut, are hereby quashed.

Both the applications under Section 482 are, accordingly, allowed. There shall be no order as to costs.

(Manju Rani Chauhan, J.)

Order Date :- 18.1.2021

Sushil/-