Allahabad High Court
Shivam Tripathi 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. - 11110 of 2022
Applicant :- Shivam Tripathi And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Manish Kumar Singh,B.N.Singh
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Manish Kumar Singh, learned counsel for the applicants, Mr. Pankaj Srivastava, learned AGA for the State and perused the records.
This application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Complaint Case No. 801 of 2021 (Priya Tripathi Vs. Shivam Tripathi and Others), under Section 406 I.P.C., P.S. Chamanganj, District-Kanpur Nagar, pending in the court of 6th Metropolitan Magistrate, Kanpur Nagar.
On 27.05.2022, the following order was passed:-
"Heard learned counsel for the applicants and learned AGA for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing the entire prosecution case of Complaint Case No.801/2021, under Section 406 I.P.C., Police Station - Chamanganj, District - Kanpur Nagar, pending in the court of 6th Metropolitan Magistrate, Kanpur Nagar on the basis of compromise dated 03.03.2022 entered into between the parties.
It has been stated that the parties have amicably settled their disputes and have entered into the compromise. The compromise deed dated 03.03.2022 has been annexed as Annexure 3 to this application. It is further submitted that a week's time may be granted to file an application along with the compromise deed before the court below for verification of the same.
As prayed, the applicant shall file an application along with the compromise deed before the Court below within a week for the purposes of verification of the compromise. On receiving the said application the Court below shall take steps for verification of the compromise and submit its report alongwith verified copy of the compromise by the next date of listing.
Issue notice to Opposite Party No.2.
Steps be taken within two weeks.
List this case in the week commencing 01.08.2022, as fresh.
Till the next date of listing, proceedings of the aforesaid case shall remain stayed.
Connect with Application U/s 482 No.10652 of 2022."
As per the office report dated 01.08.2022, report regarding service of notice as well as compromise verification report has been placed on record. The record 03.06.2022 has been placed on record alongwith order dated 01.06.2022 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 entire proceedings of Complaint Case No. 801 of 2021 (Priya Tripathi Vs. Shivam Tripathi and Others), under Section 406 I.P.C., P.S. Chamanganj, District-Kanpur Nagar, pending in the court of 6th Metropolitan Magistrate, Kanpur Nagar 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/-
