Allahabad High Court
Ravindra Shukla And 2 Others 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. - 1226 of 2022
Applicant :- Ravindra Shukla And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Vinod Shankar Tripathi,Rajneesh Kumar Sharma
Counsel for Opposite Party :- G.A.
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. Rajendra Prasad Singh, learned counsel for the State is present.
This application has been filed by the applicants with the prayer to quash the entire proceeding of Criminal Case No.183 of 2014, C.N.R. No.UPJB040017892013, arising out of Case Crime No.58 of 2013, (State Vs. Ravindra Shukla & others), under Sections 332, 353, 323, 504 I.P.C., Police Station-Gajraula, District- Amroha, pending in the Court of Chief Judicial Magistrate, Amroha, on the basis of compromise dated 09.11.2021.
On 18.05.2022, the following order was passed:-
"Sri Vinod Shankar Tripathi, learned counsel for the applicants is present. State is represented through learned A.G.A.
This Criminal Misc. Application under Section 482 of Cr.P.C. has been filed to quash the entire proceedings of Criminal Case No. 183 of 2014, CNR No. UPJB040017892013 arising out of Case Crime No. 58 of 2013, State vs. Ravindra Shukla and others under Sections 332, 353, 323, 504 IPC, Police Station Gajraula District Amroha pending in the court of Chief Judicial Magistrate, Amroha in view of the compromise/settlement dated 9.11.2021.
The compromise is annexed as Annexure No.4. Copy of the compromise be sent to the trial court for verification and acceptance. Parties to appear before the trial court within three weeks from today. The trial court after verifying the compromise will submit its report to this Court on or before 14.07.2022.
List this case on 14.07.2022 as fresh.
Till then, no coercive action shall be taken against the applicants in the aforesaid case crime. "
In compliance of the aforesaid order dated 18.05.2022, the compromise verification report received from Chief Judicial Magistrate, Amroha has been placed on record. The report dated 02.07.2022 has been placed along with the compromise deed as well as order dated 01.07.2022 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, 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 Criminal Case No.183 of 2014, C.N.R. No.UPJB040017892013, arising out of Case Crime No.58 of 2013, (State Vs. Ravindra Shukla & others), under Sections 332, 353, 323, 504 I.P.C., Police Station-Gajraula, District- Amroha, pending in the Court of Chief Judicial Magistrate, Amroha, 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.
