Allahabad High Court
Vipin Kumar Pandey vs State Of U.P. And 3 Others on 4 August, 2022
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 81
Case :- APPLICATION U/S 482 No. - 1343 of 2021
Applicant :- Vipin Kumar Pandey
Opposite Party :- State Of U.P. And 3 Others
Counsel for Applicant :- Shri Prakash Dwivedi
Counsel for Opposite Party :- G.A.,Chandra Shekhar Pandey
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Shri Prakash Dwivedi, learned counsel for the applicant, Sri Chandra Shekhar Pandey, 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 Case No. 144 of 2011, (State Vs. Vipin Kumar Pandey and others), arising out of Case Crime No. 192 of 2004, under Sections- 147, 148, 149, 307, 506 I.P.C., Police Station- Jigna, District- Mirzapur, pending in the court of Pradhan Magistrate/ Juvenile Board, Mirzapur.
On 14.09.2021, the following order was passed:
"Heard learned counsel for the applicant 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 Case No. 144 of 2011, (State Vs. Vipin Kumar Pandey and others), arising out of Case Crime No. 192 of 2004, under Sections- 147, 148, 149, 307, 506 I.P.C., Police Station- Jigna, District- Mirzapur, pending in the court of Pradhan Magistrate/ Juvenile Board, Mirzapur.
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 dispute.
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 14.09.2022, the Court of Pradhan Magistrate/Juvenile Justice Board, Mirzapur, vide order dated 4.10.2021, has verified the compromise after calling for the parties. Certified copy of the compromise deed as well as order dated 4.10.2021 has been filed today in the Court which is 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 4.10.2021, 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 Case No. 144 of 2011, (State Vs. Vipin Kumar Pandey and others), arising out of Case Crime No. 192 of 2004, under Sections- 147, 148, 149, 307, 506 I.P.C., Police Station- Jigna, District- Mirzapur, pending in the court of Pradhan Magistrate/ Juvenile Board, Mirzapur, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 4.8.2022
Deepika
