Allahabad High Court
Ashok Singh And 4 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. - 4107 of 2022
Applicant :- Ashok Singh And 4 Others
Opposite Party :- State Of U.P And Another
Counsel for Applicant :- Anurag Kumar
Counsel for Opposite Party :- G.A.,Gaurav Kant Tiwari
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Anurag Kumar, learned counsel for the applicant, Mr. Gaurav Kant Tiwari, learned counsel for the opposite party no.2, Mr. Pankaj Srivastava, learned counsel for the State and perused the records.
This application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet dated 19.03.2018 as well as summoning order dated 25.10.2021 (State Vs. Ashok Singh and others) arising out of Case Crime No. 0025 of 2018 under Section 147, 323, 504, 506, 427, 452 I.P.C. Police Station- Meerganj, District- Jaunpur, pending in the Court of Judicial Magistrate-IInd, Court N. 18, District- Jaunpur.
On 25.05.2022, the following order was passed:-
"Heard learned Counsel for the applicants and learned counsel for opposite party no.2.
This application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet dated 19.03.2018 as well as summoning order dated 25.10.2021 (State Vs. Ashok Singh and others) arising out of Case Crime No. 0025 of 2018 under Section 147, 323, 504, 506, 427, 452 I.P.C. Police Station- Meerganj, District- Jaunpur, pending in the Court of Judicial Magistrate-IInd, Court N. 18, District- Jaunpur.
It has been submitted by learned counsel for the parties that both parties have amicably settled the dispute and compromised the matter and that they have already filed the compromise before the Court below, thus, impugned proceedings be quashed on the basis of said compromise.
Whether a compromise has taken place or not can best be ascertained by the court where the proceedings are pending, after ensuring the presence of the parties before it.
Learned counsel for the parties undertake to ensure the presence of parties before the court below or any other transferee court, as the case may be and the court concerned, thereafter, shall ascertain the veracity of the compromise. If the said compromise is verified, the same shall be made part of the record and report to that effect will be prepared and the parties would be allowed to obtain certified copy thereof and file the same before this Court.
List this case in the week commencing 1.8.2022 as fresh.
Till the next date, further proceedings of arisen out of aforesaid Case Crime shall be kept in abeyance."
In compliance of the aforesaid order dated 25.05.2022, a report regarding verification of compromise has been placed on record as is evident from the office report dated 30.07.2022. A report dated 06.07.2022 has been placed along with order datd 06.07.2022 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 19.03.2018 as well as summoning order dated 25.10.2021 (State Vs. Ashok Singh and others) arising out of Case Crime No. 0025 of 2018 under Section 147, 323, 504, 506, 427, 452 I.P.C. Police Station- Meerganj, District- Jaunpur, pending in the Court of Judicial Magistrate-IInd, Court N. 18, District- Jaunpur 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/-
