Allahabad High Court
Sau Singh 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. - 12504 of 2021
Applicant :- Sau Singh And 2 Others
Opposite Party :- State Of U.P.And Another
Counsel for Applicant :- Om Prakash
Counsel for Opposite Party :- G.A.,Avinash Pandey
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Om Prakash, learned counsel for the applicant, Mr. Avinash Pandey, learned counsel for the opposite party no.2 and Mr. Akhilesh Kumar Srivastava, learned counsel for the State and perused the records.
This application u/s 482 Cr.P.C. has been filed with a prayer to quash the summoning order dated 23.04.2007 as well as the entire proceedings of Complaint Case No. 1621 of 2007 (Puran Vs. Sau Singh and others) under Sections 323, 324, 394, 504, 506 I.P.C. Police Station- Janakpuri, District- Saharanpur, pending in the Court of Additional Chief Judicial Magistrate-II, Saharanpur.
On 09.08.2021, the following order was passed:-
"Sri Avinash Pandey, learned counsel has filed his Vakalatnama on behalf of the opposite party no.2 along with counter affidavit today in the Court is taken on record.
Heard Mr. Om Prakash, learned counsel for the applicants as well as Avinash Pandey, learned counsel for the opposite party no.2 and the learned A.G.A. and perused the record.
This application u/s 482 Cr.P.C. has been preferred seeking the quashing the proceedings of Complaint Case No. 1621 of 2007 (Puran Vs. Sau Singh and others) under Sections 323, 324, 394, 504, 506 I.P.C. Police Station Janakpuri, District Saharanpur pending in the Court of Additional Chief Judicial Magistrate-II, Saharanpur as well as to quash the summoning order dated 23.04.2007 passed in the aforesaid case.
The submission of learned counsel for the applicants is that through good offices of certain well-meaning persons the parties have amicably settled the dispute among themselves and have mutually compromised in the matter. According to the counsel there is no dispute left out any more in between the parties and they wish no more litigation in between them.
The contention of the counsel for the applicants is that as the opp. party no.2 is not interested to pursue the matter pending in the lower court and is not inclined to give any evidence against the accused, the acquittal of the accused-applicants is now a foregone conclusion. It shall be a sheer abuse of the court's process, if the proceedings going on in the lower court are still allowed to go on further. Submission therefore is that in the wake of the inter-se compromise arrived at in between the parties, the impugned proceedings ought to be dropped.
The counsel for the complainant too expressed his complete agreement with the submissions made on behalf of the accused-applicants and in so many words has urged before the Court that the opposite party no.2 has no objection.
If any compromise is filed before trial court concerned, the same shall be verified in presence of both the parties and after its verification by the court concerned, certified copy of compromise along with verification order of trial court concerned, be filed on record of this Court, by way of supplementary affidavit, by either of the parties on or before the next date fixed.
List this case on 18.10.2021 in the additional cause list before the appropriate Bench for orders."
In compliance of the aforesaid order dated 09.08.2021, a certified copy of order dated 24.09.2021 passed by Additional Chief Judicial Magistrate-II, Court No.20, Saharanpur has been filed along with supplementary affidavit. As per the said order dated 24.09.2021, the compromise, so filed, has been verified.
Learned counsel for the applicants submits that on account of compromise entered into between the parties concerned, all disputes between them have come to an end, and therefore, further proceedings against the applicant in the aforesaid case is liable to be quashed by this Court.
Learned A.G.A. as well as counsel for the opposite party no.2 does not dispute the aforesaid fact and submitted at the Bar that since the parties concerned have settled their dispute as mentioned above, therefore, he has no objection in quashing the impugned criminal proceedings against the applicants.
Before proceeding any further it shall be apt to make a brief reference to the following cases:-
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 summoning order dated 23.04.2007 as well as the entire proceedings of Complaint Case No. 1621 of 2007 (Puran Vs. Sau Singh and others) under Sections 323, 324, 394, 504, 506 I.P.C. Police Station- Janakpuri, District- Saharanpur, pending in the Court of Additional Chief Judicial Magistrate-II, Saharanpur are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
A copy of this order be certified to the lower court forthwith.
Order Date :- 1.8.2022
Jitendra/-
