Allahabad High Court
Kapil And 2 Others vs State Of U.P. And Another on 5 August, 2022
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 81
Case :- APPLICATION U/S 482 No. - 21534 of 2021
Applicant :- Kapil And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Pankaj Kumar Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Pankaj Kumar Tiwari, learned counsel for the applicant, Mr. C.P. Singh, learned counsel appearing for the State and perused the records.
This application under Section 482 Cr.P.C. has been filed to quash the charge sheet dated 10.03.2020 and cognizance order dated 12.11.2020 passed by Chief Judicial Magistrate, Aligarh in Criminal Case No.232 of 2020 (State vs. Kapil and Others), arising out of Case Crime No.360 of 2019, under Sections 498A, 323 I.P.C. and Section 3/4 of D.P. Act, P.S. Banna Devi, District-Aligarh, pending in the court of Chief Judicial Magistrate, Aligarh.
On 22.04.2022, the following order was passed:-
"Learned counsel for the applicant is present.
State is represent through learned AGA.
Sri Shshil Kumar Shukla, Advocate has put in appearance on behalf of opposite party no.2.
Learned counsel for the applicants submitted that parties have settled the matter through compromise outside the court. In terms of compromise, a petition U/s 13B of Hindu Marriage Act has also been filed which is to be decided after disposal of this case.
Learned counsel for the opposite party no.2 accepted that parties have settled the matter through compromise.
Parties may appear before the trial court and file written compromise within a three weeks. The trial shall verify the compromise and after due identification and submit its report by the next date of listing. Parties may also obtain a certified copy of this order and may file it before this Court.
Learned counsel for the opposite party no.2 submitted that this case be connected with application U/s 482 Cr.P.C. No.21189 of 2021.
Put up this case on 23.05.2022 as fresh along with application U/s 482 Cr.P.C. No.21189 of 2022.
Till the next date of listing, no coercive action shall be adopted against the applicant in case crime no.360 of 2019 (State vs. Kapil and others) arising out of criminal case no.232 of 2020."
In compliance of the aforesaid order dated 22.04.2022, a compromise verification report dated 22.05.2022 from Chief Judicial Magistrate, Aligarh has been placed on record along with order dated 19.05.2022 vide which the compromise, so filed, has been verified in the presence of parties alongwith their counsel.
Learned counsel for the applicants submits that on account of compromise entered into between the parties concerned, all disputes between them have come to an end, and therefore, further proceedings against the applicant in the aforesaid case is liable to be quashed by this Court.
Learned A.G.A. does not dispute the aforesaid fact and submitted at the Bar that since the parties concerned have settled their dispute as mentioned above, therefore, he has no objection in quashing the impugned criminal proceedings against the applicants.
Before proceeding any further it shall be apt to make a brief reference to the following cases:-
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. 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 charge sheet dated 10.03.2020 and cognizance order dated 12.11.2020 passed by Chief Judicial Magistrate, Aligarh in Criminal Case No.232 of 2020 (State vs. Kapil and Others), arising out of Case Crime No.360 of 2019, under Sections 498A, 323 I.P.C. and Section 3/4 of D.P. Act, P.S. Banna Devi, District-Aligarh, pending in the court of Chief Judicial Magistrate, Aligarh are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
A copy of this order be certified to the lower court forthwith.
Order Date :- 5.8.2022
Jitendra/-
