Allahabad High Court
Anoop Kumar And Another vs State Of U.P. And Another on 18 August, 2022
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 81
Case :- APPLICATION U/S 482 No. - 18550 of 2021
Applicant :- Anoop Kumar And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Mahesh Chandra Tiwari,Kiran Tiwari
Counsel for Opposite Party :- G.A.,Prem Chandra Dwivedi,Santosh Kumar Shukla
Hon'ble Mrs. Manju Rani Chauhan,J.
None appears on behalf of the applicants as well as learned counsel for the opposite party no.2 even in the revised call. Mr. Akhilesh Kumar Srivastava, learned A.G.A. for the State is present.
This application has been filed by the applicants with the prayer to quash the entire proceeding of Session Trial No.740 of 2014 (State Vs. Anoop Kumar and another) relating to charge-sheet dated 11.06.2014 arising out of Case Crime No.638 of 2015, under Sections 498A, 323, 307, 504 I.P.C. & 3/4 D.P. Act, Police Station- Sadar Bazar, District Agra on the basis of compromise dated 24.09.2019 filed by both the parties as Annexure No.1 to this affidavit, pending before the Additional Session Judge, 5th, Agra.
On 17.01.2022, the following order was passed:-
"Heard learned counsel for the applicant as well as learned A.G.A. for the State through video conferencing.
It is submitted that in this case, parties have entered into compromise and compromise have been filed before the court concerned which is to be got verified.
In view of the submissions made by learned counsel for the parties, it is directed that the learned trial court is to verify the compromise as entered into between the parties and to transmit a copy of it to this Court as early as possible.
Put up this case as fresh on 22.02.2022.
Till then, no coercive measure shall be taken against the applicants in S.T. No.740 of 2014 (State Vs. Anoop Kumar and another) relating to charge-sheet dated 11.06.2014 arising out of Case Crime No.638 of 2015, under Sections 498A, 323, 307, 504 I.P.C. & 3/4 D.P. Act, Police Station Sadar Bazar, District Agra on the basis of compromise dated 24.09.2019 filed by both the parties as Annexure No.1 to this affidavit before the Additional Session Judge, Vth, Agra."
As per the office report dated 19.07.2022, the compromise verification report has been placed on record.
In compliance of the order dated 17.01.2022, the compromise verification report dated 11.05.2022 received from Additional Session Judge, Court No.5, Agra, has been placed on record along with the compromise deed as well as order dated 10.05.2022 vide which the compromise has been verified in the presence of parties and their respective counsels.
Learned counsel for the applicants submits that since the compromise entered between the parties has been verified by the court below, the entire proceedings of the aforesaid criminal case may be quashed by this Court.
Learned A.G.A. for the State also accept that the parties have entered into a compromise and the copy of the same has also been enclosed along with verification order dated 10.05.2022, he 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 and Pramod & Another Vs. State of U.P. & Another (Application U/S 482 No.12174 of 2020, decided on 23rd February, 2021) and Daxaben Vs. State of Gujarat, reported in 2022 SCC Online SC 936 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 proceeding of Session Trial No.740 of 2014 (State Vs. Anoop Kumar and another) relating to charge-sheet dated 11.06.2014 arising out of Case Crime No.638 of 2015, under Sections 498A, 323, 307, 504 I.P.C. & 3/4 D.P. Act, Police Station- Sadar Bazar, District Agra on the basis of compromise dated 24.09.2019 filed by both the parties as Annexure No.1 to this affidavit, pending before the Additional Session Judge, 5th, Agra, against the applicants, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 18.8.2022
Rahul.
