Allahabad High Court
Yuvraj Verma And 3 Others vs State Of U.P. And Another on 6 August, 2022
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 81
Case :- APPLICATION U/S 482 No. - 18675 of 2022
Applicant :- Yuvraj Verma And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Amit Kumar Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Amit Kumar Shukla, learned counsel for the applicants, Sri Rama Shankar Mishra, learned counsel for opposite party no.2, Sri Pankaj Srivastava, learned A.G.A. for the State and perused the record.
On 01.07.2022, the following order was passed:
"Learned counsel for the applicants is present. Sri Ram Shankar Mishra, Advocate has put in appearance on behalf of opposite party no. 2. His vakalatnama and supplementary are taken on record.
State is represented through learned A.G.A.
Learned counsel for the applicants submits that the parties have settled their matter through compromise, a copy of compromise is filed as Annexure-3 in the the present affidavit.
Learned counsel for opposite party has acknowledged the aforesaid facts.
This Criminal Misc. Application under Section 482 of Cr.P.C. has been filed to quash the entire criminal proceeding of Case No. 385 of 2022 (State of UP Vs. Yuvraj and others), in Case Crime No. 20 of 2022, under Section 498-A, 323, 506 IPC, and 3/4 D.P. Act, police station - Usawan, District - Budaun pending before the Court of Additional Chief Judicial Magistrate (SD)-I, District Budaun including the charge sheet dated 8.3.2022 in view of the compromise dated 2.5.2022.
The parties shall appear before the trial court and file compromise within three weeks. Upon the said compromise being filed before the trial court, it shall after due identification, verify the compromise. The trial Judge shall forward to this Court a duly verified copy of the compromise entered into between the parties along with a copy of his order verifying the compromise which shall be before the next date fixed.
List on 2.8.2022 as fresh.
Till the next date of listing, no coercive steps shall be taken against the applicants in the aforesaid case crime.
Office will ensure the compliance of the aforesaid order and will transmit the copy of the compromise along with copy of the order to the trial court through the concerned Session Judge within three days."
In compliance of the aforesaid order, the court below has verified the compromise entered into between the parties vide order dated 19.07.2022. Certified copies of the compromise deed as well as order dated 19.07.2022 have been handed over to the Court by counsel for the applicants today which are taken on record.
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 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 21.03.2022, 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. 385 of 2022 (State of UP Vs. Yuvraj and others), in Case Crime No. 20 of 2022, under Section 498-A, 323, 506 IPC, and 3/4 D.P. Act, police station - Usawan, District - Budaun pending before the Court of Additional Chief Judicial Magistrate (SD)-I, District Budaun in terms of the compromise dated 02.05.2022, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 6.8.2022
Madhurima
