Allahabad High Court
Ashish Pandey And Another vs State Of U.P.And Another on 31 August, 2022
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 83
Case :- APPLICATION U/S 482 No. - 5214 of 2022
Applicant :- Ashish Pandey And Another
Opposite Party :- State Of U.P.And Another
Counsel for Applicant :- Atul Ojha
Counsel for Opposite Party :- G.A.,Karan Singh Yadav,Pawan Kumar Tripathi
Hon'ble Mrs. Manju Rani Chauhan,J.
Certified copy of the order dated 05.04.2022 along with supplementary affidavit dated 10.05.2022 have been filed by learned counsel for the applicant, is kept on record. Office is directed to register the same.
Heard Mr. Anurag Ojha, learned counsel for the applicants, Mr. Karan Singh Yadav and Mr. Pawan Kumar Tripathi, learned counsel for the opposite party no.2 and Mr. Amit Singh Chauhan, learned A.G.A. for the State.
This application has been filed by the applicants with the prayer to quash the impugned cognizance as well as summoning order dated 03.02.2020 passed by Chief Judicial Magistrate, Gautam Buddha Nagar along with Charge Sheet dated 30.07.2018 and the entire criminal proceeding of Case No.3093 of 2020 (State Vs. Ashish Pandey and others), arising out of Case Crime No.209 of 2018, under Sections 498A IPC, Act 1860 at Mungeli Chhattisgarh which has been transferred to Police Station-Express Way, District Gautam Buddha Nagar, pending in the Court of Chief Judicial Magistrate, Gautam Buddha Nagar.
On 09.03.2022, the following order was passed:-
"Short counter affidavit filed on behalf of opposite party no. 2 in the Court today is taken on record.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The applicants by means of this application under Section 482 Cr.P.C. have invoked the inherent jurisdiction of this Court with a prayer to quash the Cognizance as well as summoning order dated 3.2.2020 passed by the Chief Judicial Magistrate, Gautam Budh Nagar and chargesheet dated 30.7.2018 in Case No. 3093 of 2020 (State vs. Ashish Pandey and others), arising out of Case Crime no. 209 of 2018, under Sections 498A I.P.C.,P.S. Express Way, district-Gautam Budh Nagar.
Learned counsel for the applicants has submitted that the dispute between the applicant and opposite party no. 2 has been amicably settled and the parties have entered into a compromise but the same could not be filed before the court below of verification. Copy of compromise dated 30.11.2021 is annexed as Annexure-4 to the short counter affidavit.
After considering the argument advanced by learned counsel for the parties and considering the facts and circumstances of the case, it is directed that the applicant shall file original compromise deed before the trial court within two weeks and the trial court after issuing notices to the parties shall verify the compromise and submit its report to this Court within next six weeks.
List this case before appropriate Bench on 11.5.2022 along with verification report of compromise."
In compliance of the aforesaid order dated 09.03.2022, the Court concerned has verified the compromise between the parties by order dated 05.04.2022, after recording the statements of Suman Dubey (wife of applicant no.1) as well as Ashish Pandey. In the order dated 05.04.2022, verifying the compromise, details about payment of Rs.3,50,000/- to Suman Dubey is also mentioned. The MOU has also been verified by the trial Court. The certified copy of the verification order dated 05.04.2022 has been placed on record along with supplementary affidavit dated 10.05.2022, wherein it has been mentioned that parties have amicably settled the dispute and the same has been verified by the Court below.
Learned counsel for the parties submit that date has been fixed in divorce petition is 03.09.2022.
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 impugned cognizance as well as summoning order dated 03.02.2020 passed by Chief Judicial Magistrate, Gautam Buddha Nagar along with Charge Sheet dated 30.07.2018 and the entire criminal proceeding of Case No.3093 of 2020 (State Vs. Ashish Pandey and others), arising out of Case Crime No.209 of 2018, under Sections 498A IPC, Act 1860 at Mungeli Chhattisgarh which has been transferred to Police Station-Express Way, District Gautam Buddha Nagar, pending in the Court of Chief Judicial Magistrate, Gautam Buddha Nagar against the applicants, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 31.8.2022
Rahul.
