Allahabad High Court
Ranveer Singh And 11 Others 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 :- APPLICATION U/S 482 No. - 23293 of 2021
Applicant :- Ranveer Singh And 11 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Sanjay Kumar Dubey
Counsel for Opposite Party :- G.A.,Sunil Kumar Dubey
Hon'ble Mrs. Manju Rani Chauhan,J.
Supplementary affidavit filed today by learned counsel for the applicants is taken on record.
Heard Sri Sanjay Kumar Dubey, learned counsel for the applicants, 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 applicant with a prayer to quash the proceedings of S.T. No.419 of 2006 (State of U.P. vs. Ranveer and others) under Section 147, 148, 323, 336, 307/149, 504 IPC, Police Station Sadabad, District Hathras.
On 07.04.2022, the following order was passed:
"Learned counsel for the applicants, learned A.G.A. for the State as well as learned counsel for the opposite party no.2 are present.
Learned counsel for the applicants submits that a written compromise has been filed before the trial court but the trial court has yet not verified the said compromise on the ground that the offence is non-compoundable.
Learned counsel for the opposite party no.2 has not disputed the above fact.
It is hereby directed that the parties shall appear before the trial court within three weeks and the learned lower court shall verify the said compromise after the parties appear before it. Learned counsel for the parties shall obtain a verified copy of the compromise and file it before this Court by the next date fixed by way of supplementary affidavit.
List on 11.05.2022. "
In compliance of the aforesaid order the compromise verification report has been kept on record.
In compliance of the order dated 07.04.2022, the Court of Additional Sessions Judge, Sadabad at Hathras, vide order dated 27.04.2022, has verified the compromise after calling for the parties. Certified copy of the compromise deed as well as order dated 27.04.2022 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 27.04.2022, 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 S.T. No.419 of 2006 (State of U.P. vs. Ranveer and others) under Section 147, 148, 323, 336, 307/149, 504 IPC, Police Station Sadabad, District Hathras, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 4.8.2022/Deepika
