Allahabad High Court
Omveer And Another 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. - 814 of 2022
Applicant :- Omveer And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Sandeep Kumar Singh
Counsel for Opposite Party :- G.A.,Santosh Kumar Pandey
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Sandeep Kumar Singh, learned counsel for the applicants, Jitendra Nath Yadav, Advocate holding brief of Mr. Santosh Kumar Pandey, learned counsel for the opposite party no.2 and Mr. C.P. Singh, learned A.G.A. for the State.
This application has been filed by the applicants with the prayer to quash the summoning order dated 14.07.2021 issued by Chief Judicial Magistrate, Baghpat as well as entire proceeding of Case No.5130 of 2021 (State Vs. Omveer and another), arising out of Case Crime No.660 of 2020, under Sections 504, 308, 506 I.P.C., P.S.-Baraut, District-Baghpat, pending in the Court of Chief Judicial Magistrate, Baghpat.
On 18.5.2022, the following order was passed:-
"Supplementary affidavit filed by learned counsel for the applicants is taken on record.
Heard learned Counsel for the applicants and learned AGA for the State.
Learned counsel for the opposite party no. 2 is not present.
It has been stated by learned counsel for both the parties that parties have entered into compromise and settled their disputed amicably. It is further stated that the parties have filed compromise deed in the trial Court and the same is annexed as annexure no.S.A.-1 in the supplementary affidavit.
Trial Court is directed to verify the compromise deed between the parties and submit verification report within four weeks.
List in the month of July, 2022 as fresh along-with verification report. "
In compliance of the order dated 18.05.2022, the report of the Chief Judicial Magistrate, Baghpat dated 18.07.2022 has been placed on record along with compromise deed as well as the order dated 14.07.2022 vide which the compromise has been verified in the presence of parties including the injured persons and their respective counsels.
Learned counsel for the applicants 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 also accept that the parties have entered into a compromise and the copy of the same has also been enclosed along with verification order dated, he has 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,
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) and Daxaben Vs. State of Gujarat, reported in 2022 SCC Online SC 936 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 proceedings of summoning order dated 14.07.2021 issued by Chief Judicial Magistrate, Baghpat as well as entire proceeding of Case No.5130 of 2021 (State Vs. Omveer and another), arising out of Case Crime No.660 of 2020, under Sections 504, 308, 506 I.P.C., P.S.-Baraut, District-Baghpat, pending in the Court of Chief Judicial Magistrate, Baghpat against the applicants, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
It is always open to the parties to approach this Court, in case, the verification has been done by playing fraud.
Order Date :- 4.8.2022
Rahul.
