Allahabad High Court
Ashraf And 4 Others vs State Of U.P. And Another on 3 August, 2022
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 81
Case :- APPLICATION U/S 482 No. - 27311 of 2021
Applicant :- Ashraf And 4 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Rakesh Kumar
Counsel for Opposite Party :- G.A.,Vijai Kumar Tripathi
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Rakesh Kumar, learned counsel for the applicants, Mr. Chandra Kumar Rai holding brief of Shri Vijay Kumar Tripathi, learned counsel for the opposite party no.2 and Mr. Akhilesh Kumar, learned A.G.A. for the State.
This application has been moved with the prayer to quash entire proceeding of Case No. 3111 of 2018 including charge sheet no.01 of 2018 (State Versus Ashraf and others) as well as cognizance order dated 7.9.2018 pending in the court of Chef Judicial Magistrate, Kushinagar at Padrauna arising out of Case Crime No.511 of 2017, under Sections 147, 452, 323, 504, 506, 427, 308, 325 IPC, Police Station Kotwali Padrauna, District Kushinagar.
On 07.03.2022, the following order was passed:-
Heard learned counsel for the applicant, Sri Vijai Kumar Tripathi, learned counsel for O.P. No. 2 and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed praying for quashing of the entire proceedings of the Case No. 3111 of 2018 including Charge-sheet No.01 of 2018 (State VS. Ashraf and others) as well as cognizance order dated 07.09.2018, arising out of Case Crime no. 511 of 2017, under section 147, 452, 323, 504, 506, 427, 308, 325 IPC, P.S. Kotwali Padrauna, District Kushinagar pending in the court of C.J.M., Kushinagar on the basis of compromise.
Learned counsel for the applicant submits that since the charge sheet has been issued, the parties have reconciled their differences and a compromise has been entered between them which has been reduced in writing.
Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the compromise.
Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order on the next date fixed and be permitted to file an application for verification of the original compromise document. It is expected that the trial court may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order with respect to the verification within a period of two months from today. Upon due verification, the court below may pass appropriate order in that regard and send a report to this Court.
List after two months.
Till then no coercive measure shall be taken against the applicant."
In compliance of the order dated 7.3.2022, the parties have entered into compromise. The order dated 15.6.2022 verifying the compromise entered into between the parties, who have been identified by their respective counsels, has been placed before this Court and is kept on record.
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 15.06.2022, 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) 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 entire proceeding of Case No. 3111 of 2018 arising out of Case Crime No.511 of 2017 (State Versus Ashraf and others), under Sections 147, 452, 323, 504, 506, 427, 308, 325 IPC, Police Station Kotwali Padrauna, District Kushinagar, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
It is always open to the parties to approach this Court, in case, the verification has been done by playing fraud.
Order Date :- 3.8.2022
SFH
