Allahabad High Court
Ikrar And 7 Others vs State Of U.P. And Another on 12 March, 2021
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 81
Case :- APPLICATION U/S 482 No. - 20007 of 2020
Applicant :- Ikrar And 7 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Manish Joshi
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for the applicants, the learned Additional Government Advocate for the State as well as perused the entire material available on record.
Since the opposite party was present before the Court below as is clear from the order dated 18.02.2021, this matter is finally decided on merits without issuing notice to the opposite party no. 2.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of the Case Number 3091 of 2020 (State vs. Ikrar and others) arising out of Charge Sheet No. 177 of 2018 bearing Case Crime No. 111 of 2018, under Sections 498-A, 323, 504, 506 IPC and 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, District Moradabad pending in the Court of Additional Chief Judicial Magistrate, Court Number 1, Moradabad and summoning order dated 28.03.2020 in terms of the compromise. Further prayer has been made to stay the proceedings of the aforesaid case.
On the matter being taken up, on 13.01.2021 the Court passed following order:-
" Heard learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the further proceeding of the Case Number 3091 of 2020 (State vs. Ikrar and others), arising out of Charge Sheet No. 177/2018 bearing Case Crime No. 111/2018, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, District Moradabad, pending in the Court of Additional Chief Judicial Magistrate, Court No. 1, Moradabad and summoning order dated 28.03.2020 in terms of the compromise entered between the parties. Further prayer has been made to stay the proceedings of the aforesaid case.
It is submitted that applicant nos. 1 to 8 are the husband, brothers-in-law, father-in-law, mother-in-law and sisters-in-law of opposite party no.2 respectively. It is further submitted that on account of intervention of their well-wishers, a compromise has been arrived at between the parties on 17.08.2020. A copy whereof has been filed as annexure-4 to the affidavit accompanying the present application. It is further 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 arrived at a compromise and copy of the same has also been enclosed along with the counter affidavit which shall be filed today in the registry.
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 01.03.2021 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 01.03.2021 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 applicants in the aforesaid criminal case."
In compliance of the aforesaid order, 13.01.2021, the learned counsel for the applicants submits that the Court below after ensuring the presence of both the parties, has verified the compromise by order dated 18.02.2021, a certified copy of the order dated 18.02.2021 has been placed before this Court today by the learned counsel for the applicants, which is kept on record. The certified copy of the compromise deed has also been placed before this Court and same is also kept on record.
Learned counsel for the applicants submits that since the parties have entered into compromise and 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 applicants, 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, entire proceedings of Case No. entire proceeding of the Case Number 3091 of 2020 (State vs. Ikrar and others) arising out of Charge Sheet No. 177 of 2018 bearing Case Crime No. 111 of 2018, under Sections 498-A, 323, 504, 506 IPC and 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, District Moradabad pending in the Court of Additional Chief Judicial Magistrate, Court Number 1, Moradabad and summoning order dated 28.03.2020, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
In case, the opposite party no. 2 has any grievance subsequent to this order, she is free to move an application before this Court in this application.
Order Date :- 12.3.2021
Monika
