Allahabad High Court
Anuradha vs State Of U.P. And Another on 4 August, 2022
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 81
Case :- CRIMINAL REVISION No. - 4579 of 2019
Revisionist :- Anuradha
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Lokesh Kumar Dwivedi,Lavkush Kumar Shukla
Counsel for Opposite Party :- G.A.,Irfan Ahmad,Pradeep Kumar Mishra
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Lavkush Kumar Shukla, learned counsel for the revisionist, Sri Irfan Ahmad, learned counsel for opposite party no.2, Sri Amit Singh Chauhan, learned AGA for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash the proceedings of impugned judgment and order dated 24.10.2019 passed by learned Additional Principal Judge-II, Family Court, Jaunpur in Case No. 1004 of 2014, Anuradha Vs. Ashish Gupta, under Section 125 Cr.P.C., Police Station Buxa, District Jaunpur.
On 18.05.2022, the following order was passed:
"Pursuant to the order dated 12.05.2022, the revisionist-Mrs. Anuradha (wife) along with her father Shri Ashok Kumar Gupta as well as the opposite party No. 2-Ashish Gupta (husband) are present before this Court in person.
Mrs. Anuradha has been identified by her counsel, Shri Lavkush Kumar Shukla and Ashish Gupta has been identified by his counsel, Shri Irfan Ahmad.
Shri Ashok Kumar Gupta, father of Mrs. Anuradha submits that he is ready to send her daughter along with her husband.
Both the husband and wife submit before this Court that now there is no dispute left out any more in between the parties and they wish to live with each other as husband and wife. The wife is ready to go with her husband and the husband is also ready to keep his wife, Mrs. Anuradha.
Mrs. Anuradha also states that she is ready to withdraw all the criminal cases against her husband-opposite party No. 2 and his family members, which she has filed earlier. In this regard an appropriate application be filed by her at appropriate forum.
It has further been submitted by the parties that they shall move an appropriate compromise application before the court below regarding amicable settlement of disputes arose between them.
Shri Abhishek Shukla, the learned A.G.A.-I for the State is present and has no objection.
Let compromise, if any, be filed before trial court within two weeks from today, where it shall be verified in presence of both sides and after its verification, certified copy of compromise along with verification order of court concerned, be filed on record of this Court, by way of supplementary affidavit.
List this case on 19.07.2022 before the appropriate Bench.
Till the next date of listing, effect and operation of the impugned judgment and order dated 24.10.2019 passed by learned Additional Principal Judge-II, Family Court, Jaunpur in Case No. 1004 of 2014, Anuradha Vs. Ashish Gupta, under Section 125 Cr.P.C., Police Station Buxa, District Jaunpur, is hereby stayed."
In compliance of the order dated 18.05.2022, the Court of Civil Judge (S.D.)/FTC, Jaunpur, vide order dated 15.07.2022, has verified the compromise after calling for the parties. Certified copy of the compromise deed as well as order dated 15.07.2022 has been placed on record.
Learned counsel for the revisionist 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 21.03.2022, 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 impugned judgment and order dated 24.10.2019 passed by learned Additional Principal Judge-II, Family Court, Jaunpur in Case No. 1004 of 2014, Anuradha Vs. Ashish Gupta, under Section 125 Cr.P.C., Police Station Buxa, District Jaunpur are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 4.8.2022
Deepika
