Allahabad High Court
Rajesh And 2 Others vs State Of U.P. And Another on 1 August, 2022
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 81
Case :- APPLICATION U/S 482 No. - 12881 of 2021
Applicant :- Rajesh And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Jai Prakash Prasad
Counsel for Opposite Party :- G.A.,Rakesh Yadav
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Sawan Kumar, Advocate, holding brief of Sri Jai Prakash Prasad, learned counsel for the applicants, Sri Rakesh Yadav, learned counsel for opposite party no.2, Sri Madnesh Prasad Singh, learned A.G.A. for the State and perused the record.
On 03.09.2021, the following order was passed:
"Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned A.G.A. for the State.
This application has been moved with the prayer to quash the entire proceeding of Case No. 6644 of 2019 Computer No. 06958 of 2019, CNR No. UPM 0040222082019 arising out of Case Crime No. 956 of 2018 under Section 504 I.P.C. & 3/4 D.P. Act, P.S.- Majhola District- Moradabad pending in the Court of learned Chief Judicial Magistrate, Moradabad.
Learned counsel for the applicants states that matter has been compromised between the parties. He further states that the compromise dated 25.2.2021 (annexure-5) has been filed before the Court below but same has not been verified as yet by the learned court below.
On these facts, the parties have arrived for some amicable settlement regarding which compromise duly arrived at between the parties is pending verification before learned court below and, therefore, it would be in the interest of justice to protect the right of the applicants pending final disposal of the matter. Learned counsel also submits that as the parties have entered into amicable settlement, there is no likelihood of conviction in the matter.
As an interim measure, till the next date of listing, further proceedings of Case No. 6644 of 2019 Computer No. 06958 of 2019, CNR No. UPM 0040222082019 arising out of Case Crime No. 956 of 2018 under Section 504 I.P.C. & 3/4 D.P. Act, P.S.- Majhola District- Moradabad shall be kept in abeyance.
However, learned counsel for the applicants, as prayed, is granted three weeks time to get the compromise deed (annexure-5) verified from the court below and file a certified copy thereof, on or before the next date of listing before this Court.
Learned counsel for the applicant is directed to file copy of this order before the court below within 10 days from today for compliance, failing which, interim protection given by this Court shall cease to operate and law will take its own course."
In compliance of the aforesaid order, the parties appeared before the concerned Court and vide order dated 04.01.2022, the compromise entered into between them has been verified in the presence of the parties along with their respective counsels. Certified copy of the order dated 04.01.2022 has been placed on record as annexure SA-1 along with supplementary affidavit filed on 14.02.2022.
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 and learned counsel for opposite party no.2 also affirms that the parties have entered into a compromise and copy of the same has also been enclosed along with verification order dated 04.01.2022, they have 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; and
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) 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 counsel for the parties, the court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute.
Accordingly, the proceedings of Case No. 6644 of 2019 Computer No. 06958 of 2019, CNR No. UPM 0040222082019 arising out of Case Crime No. 956 of 2018 under Section 504 I.P.C. & 3/4 D.P. Act, P.S.- Majhola District- Moradabad pending in the Court of learned Chief Judicial Magistrate, Moradabad in terms of the compromise dated 25.02.2021, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 1.8.2022
Madhurima
