Allahabad High Court
Abdul Aleem Khan And Another vs State Of U.P. And Another on 18 January, 2021
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 81
Case :- APPLICATION U/S 482 No. - 16257 of 2020
Applicant :- Abdul Aleem Khan And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Mohammad Abid Ali
Counsel for Opposite Party :- G.A.,Mohd Faiz,Mohammad Faiz
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr.Mohammad Abid Ali , learned counsel for the applicants, Mr. Mohammad Faiz, 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 no.147/2019 dated 14.07.2019 submitted against the applicant no.2 and charge sheet no.147A/2020 dated 19.03.2020 submitted against the applicant no.1 as well as the entire proceedings of Criminal Case No. 2166 of 2019, (Stave vs. Saleem Begam) and Criminal Case No.521 of 2020 (State vs. Abdul Alim Khan), arising out of Case Crime No. 63 of 2019, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station- Qila, District-Bareilly, pending in the court of Additional Chief Judicial Magistrate, Court No.5, Bareilly on the basis of compromise between the parties.
On the matter being taken up, on 10.11.2020 the Court passed following order:-
"Mohd. Faiz, Advocate has put in appearance on behalf of opposite party no.2. He states that he shall file short counter affidavit along with his vakalatnama on behalf of opposite party no.2 in the registry today after serving a copy of the same upon the learned counsel for the applicants.
Heard Mohd. Abid Ali, learned counsel for the applicants, Mohd. Faiz, 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 quashing the charge-sheet no. 147 of 2019, dated 14th July, 2019 submitted against applicant no.2 in Criminal Case No. 2166 of 2019 (State Vs. Saleem Begam) as also the charge-sheet no. 147A of 2019 dated 14th July, 2918 submitted against applicant no.1 in Criminal Case No. 521 of 2020 (State Vs. Abdul Alim Khan), which are arising out of Case Crime No. 63 of 2019, under Sections 498-A, 323, 504, 506 I.P.C. as also under Sections 3/4 D.P. Act, Police Station-Qila, District-Bareilly as well as the entire proceedings of the aforesaid criminal cases, pending before the Additional Chief Judicial Magistrate, Court No.5, Bareilly in terms of the compromise. Further prayer has been made to stay the proceedings of the aforesaid case.
It is submitted on behalf of the parties that the applicants are husband and mother-in-law of opposite party no.2 respectively. It is further submitted that that on account of intervention of well-wishers applicant and opposite party no.2, they have settled their disputes and arrived at a compromise on 24th September, 2020, a copy of which has been enclosed as Annexure-4 to the affidavit accompanying the present application. It is, thus, contended that proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab : (2012) 10 SCC 303.
Learned counsel for opposite party no.2 also accepts that the parties have settled their dispute and arrived at a compromise.
Whether a compromise has taken place or not can at best be ascertained by the court, where the proceedings are pending, after ensuring the presence of the parties before it.
Put up this case on 15th January, 2021 as fresh before the appropriate Bench.
Learned counsel for the parties undertake to ensure the presence of both the parties before the court below or any other transferee court, as the case may be, on 14th December, 2020 along with original copy of the compromise so entered between the parties and the court concerned, thereafter, shall ascertain the veracity of the compromise. If the said compromise is verified, the same shall be made part of the record and report to that effect, will be prepared and the parties would be allowed to obtain certified copy thereof and file the same before this Court.
Office is directed to send through FAX a copy of this order as well as the photocopy of the compromise annexed as Annexure-6 to the affidavit accompanying the present application within a week from today.
Parties are also directed to produce certified copy of this order before the court concerned on the date fixed before it.
Till the next date of listing, no coercive steps would be taken against the applicant in the aforesaid criminal case.
When the matter is listed next, name of Mohd. Faiz, Advocate shall be shown in the cause list as one of the learned counsel for the opposite party. "
Pursuant to aforesaid order dated 10.11.2020, report of Additional Chief Judicial Magistrate, Court no.5, Bareilly dated 22.12.2020 has been placed before this Court alongwith order dated 15.12.2020, wherein, the compromise deed has been verified after ensuing presence of the parties and the statements of parties have also been recorded.
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 no.147/2019 dated 14.07.2019 submitted against the applicant no.2 and charge sheet no.147A/2020 dated 19.03.2020 submitted against the applicant no.1 as well as the entire proceedings of Criminal Case No. 2166 of 2019 (Stave vs. Saleem Begam) and Criminal Case No.521 of 2020 (State vs. Abdul Alim Khan), arising out of Case Crime No. 63 of 2019, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station- Qila, District-Bareilly, pending in the court of Additional Chief Judicial Magistrate, Court No.5, Bareilly, 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 :- 18.1.2021
JK Yadav
