Allahabad High Court
Rizwan Ali And 2 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. - 1430 of 2021
Applicant :- Rizwan Ali And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Kashi Naresh Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Kashi Naresh Mishra, learned counsel for the applicants, the learned Additional Government Advocate for the State, and Mr. Neeraj, learned counsel for opposite party no.2 as well as perused the entire material available on record.
This application under Section 482 Cr.P.C. has been filed for quashing the impugned charge sheet dated 28.06.2020 in Case No. 11081 of 2020, arising out of Case Crime No. 998/2019, under Sections 498-A, 323, 504 IPC and 3/4 D.P. Act, P.S. Quarsi, District Aligarh on the basis of the compromise entered between the parties. Further prayer has been made to stay the proceedings of the aforesaid case.
On the matter being taken up, on 25.01.2021 the Court passed following order:-
" Sri Neeraj, Advocate has put in appearance on behalf of the informant and has filed a short counter affidavit in Court today, which is taken on record.
Heard Sri Kashi Naresh Mishra, learned counsel for the applicants, Sri Neeraj, learned counsel for the informant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 28.06.2020 as well as the entire proceedings of Case No. 11081 of 2020, arising out of Case Crime No. 998 of 2019, under Sections- 498A, 323, 504 I.P.C. and Section 3/4 D.P. Act, Police Station- Quarsi, District- Aligarh, pending in the court of Chief Judicial Magistrate, Aligarh.
Learned counsel for the applicants submits that since the charge sheet had been submitted, the parties have reconciled their differences and a compromise has been entered between them which has been reduced in writing, copy of compromise deed has been annexed as Annexure - 5 of this application.
Learned counsel appearing for the informant does not dispute the correctness of the submissions so advanced by learned counsel for the applicants and states that parties have amicably settled their dispute and the husband and wife are staying together happily.
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 after ensuring the presence of the parties, pass an appropriate order with respect to the verification within a period of four weeks from today. Upon due verification, the court below shall send its report to this Court.
Put up this case on 12th March, 2021 as fresh.
Till the next date of listing, no coercive action shall be taken against the applicants.
When the matter is next listed, the name of Sri Neeraj, Advocate shall be shown as learned counsel for the informant."
In compliance of the aforesaid order dated 25.01.2021, the report of Chief Judicial Magistrate, Aligarh dated 23.02.2021 alongwith compromise deed has been placed before this Court today. As per the report of the Chief Judicial Magistrate, Aligarh dated 23.02.2021, the compromise entered between the parties has been verified by the Court below, after ensuring the presence of the parties.
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.
On the instruction received, learned counsel for opposite party no.2 submits that since the parties have entered into a compromise, 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 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 entire proceedings of the impugned charge sheet dated 28.06.2020 in Case No. 11081 of 2020, arising out of Case Crime No. 998/2019, under Sections 498-A, 323, 504 IPC and 3/4 D.P. Act, P.S. Quarsi, District Aligarh, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 12.3.2021
Monika
