Allahabad High Court
Keran Singh And 7 Others vs State Of U.P Thru Secretary Home ... on 4 August, 2022
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 81
Case :- APPLICATION U/S 482 No. - 25 of 2022
Applicant :- Keran Singh And 7 Others
Opposite Party :- State Of U.P Thru Secretary Home Lknw. And Another
Counsel for Applicant :- Niklank Kumar Jain
Counsel for Opposite Party :- G.A.,Som Veer
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Niklank Kumar Jain, learned counsel for the applicants, Sri Som Veer, learned counsel for opposite party no.2, Sri Amit Sigh 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 Criminal Case No. 558 of 2020( State Vs. Keran Singh and Others) arising out of Case Crime No. 116 of 2019, under section 147, 323, 504, 452 IPC, P.S. Awagarh, District Etah, pending in the court of Additional Civil Judge ( J.D./J.M.), jalesaar, District Etah.
On 18.02.2022, the following order was passed:
"Heard Sri Niklank Kumar Jain, learned counsel for the applicants, learned AGA for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing of the entire proceeding in pursuance of summoning order dated 23.07.2020 passed by Additional Civil Judge (J.D.)/ J.M., Jalesaar, Etah in Criminal Case No. 558 of 2020( State Vs. Keran Singh and Others) arising out of Case Crime No. 116 of 2019, under section 147, 323, 504, 452 IPC, P.S. Awagarh, District Etah, pending in the court of Additional Civil Judge ( J.D./J.M., jalesaar, District Etah.
It has been stated that the parties have amicably settled their disputes and have entered into the compromise. The compromise deed has been annexed as Annexure 6 to this application.
The applicants shall file an application along with the compromise deed before the concerned Court below within 15 days for verification of the compromise. On receiving the said application the Court below shall take steps for verification of the compromise, within 15 days from date of receiving application and compromise, and shall prepare a report. The parties on filing a suitable application shall also be given a certified copy of the report.
Put up this case on 28.03.2022 before appropriate Court, on which date, the applicants shall file the report of the concerned Court regarding the verification of the compromise.
Till the next date of listing, no coercive action shall be taken against applicants inCriminal Case No. 558 of 2020( State Vs. Keran Singh and Others) arising out of Case Crime No. 116 of 2019, under section 147, 323, 504, 452 IPC, P.S. Awagarh, District Etah, pending in the court of Additional Civil Judge ( J.D./J.M., jalesaar, District Etah.
This case shall not be treated as tied up/part heard to this Bench. "
In compliance of the order dated 18.02.2022, the Court of ACJ (SD), Jalesar, Etah, vide order dated 03.03.2022, has verified the compromise after calling for the parties. Certified copy of the compromise deed as well as order dated 18.02.2022 has been placed on record.
Learned counsel for the applicant 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 18.02.2022, 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 Criminal Case No. 558 of 2020( State Vs. Keran Singh and Others) arising out of Case Crime No. 116 of 2019, under section 147, 323, 504, 452 IPC, P.S. Awagarh, District Etah, pending in the court of Additional Civil Judge ( J.D./J.M.), jalesaar, District Etah, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 4.8.2022
Deepika
