Allahabad High Court
Anand Mishra @ Anand Gopal Mishra ... 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. - 941 of 2021
Applicant :- Anand Mishra @ Anand Gopal Mishra And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ajay Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Ajay Kumar, learned counsel for the applicant, Mr. Vivek Shukla, Advocate holding brief of Mr. J.B. Singh, learned counsel for the opposite party no.2, Mr. Akhilesh Kumar Srivastava, learned counsel appearing for the State and perused the records.
This application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Case No. 579 of 2019 (Old No.11501 of 2017) (State Vs. Anand Gopal Mishra and Others), arising out of Case Crime No.503 of 2017, under Sections 323, 504, 506 I.P.C., P.S.- Cantt., District-Varanasi, pending in the court of Additional Chief Judicial Magistrate-II, District-Varanasi.
On 22.02.2021, the following order was passed:-
"Counsel for the parties present states that the matter has been settled amicably in between the parties. A copy of the compromise has also been filed as Annexure-6.
Considering the fact that the matter has been settled in between the parties, it is directed that the parties shall appear before the Court concerned and shall file copy of the compromise application before the Court concerned. Thereafter, the Court concerned shall verify the signatories to the compromise and shall submit its report by the next date. The parties shall appear before the Court concerned on 10.3.2021. The Court concerned shall send its report on or before the next date.
List this case on 7.4.2021.
Till then no coercive steps shall be taken against the applicants in Case Crime No. 503 of 2017, under Sections 323, 504, 506 IPC, P.S. Cantt., District Varanasi."
In compliance of the aforesaid order dated 22.02.2021, a report dated 12.03.2021 from the Chief Judicial Magistrate, Court no.3, Varanasi has been placed on record. As per the said report dated 12.03.2021, the compromise so filed has been verified in the presence of parties alongwith their respective counsels.
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. 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 entire proceedings of Case No. 579 of 2019 (Old No.11501 of 2017) (State Vs. Anand Gopal Mishra and Others), arising out of Case Crime No.503 of 2017, under Sections 323, 504, 506 I.P.C., P.S.- Cantt., District-Varanasi, pending in the court of Additional Chief Judicial Magistrate-II, District-Varanasi 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 :- 3.8.2022
Jitendra/-
