Allahabad High Court
Raju @ Rajeev And 2 Others vs State Of U.P. And 2 Others on 8 August, 2022
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 81
Case :- APPLICATION U/S 482 No. - 11031 of 2022
Applicant :- Raju @ Rajeev And 2 Others
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Vijay Singh Rathore
Counsel for Opposite Party :- G.A.,Sangam Singh
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Vijay Singh Rathore, learned counsel for the applicants, Mr. Abhay Pratap Singh, Advocate holding brief of Mr. Sangam Singh, learned counsel for the opposite party nos.2 & 3 and Mr. Pankaj Srivastava, learned A.G.A. for the State.
This application has been filed by the applicants with the prayer to quash the charge sheet no.01 of 2021 dated 20.06.2021 as well as summoning order dated 09.07.2021 passed by Special Judge SC/ST Act, Jalaun at Orai in Session Trial No. 85 of 2021 (State vs. Raju @ Rajeev Kumar and others), arising out of Case Crime No.190 of 2021, under Sections 323, 504, 506 I.P.C. & Section 3(1)(r), 3(1)(s) SC/ST, Act, P.S.-Konch, District-Jalaun.
On 01.07.2022, the following order was passed:-
"Learned counsel for the applicant and learned counsel for the opposite party no. 2 & 3 are present.
Both the counsel have submitted that the parties have arrived at a compromise but the sections under SC/ST Act are non-compoundable, so the prayer is made to accept the compromise.
The parties are directed to appear before the trial court and file their compromise there. In case, the parties appear and file the compromise before the trial court within 15 days from today, the trial court shall verify the compromise and pass an order thereon and transmit the verified compromise and the order passed thereon within 15 days thereafter.
List on 8th August, 2022 as fresh.
Till then, the proceedings of Sessions Trial No. 85 of 2021 (State vs. Raju @ Rajeev Kumar and others) arisiong out of Case Crime No. 190 of 2021, under section 323, 504, 506 I.P.C. 3(1)(r), 3(1)(s) SC/ST Act, P.S. Konch, District Jalaun, shall remain stayed. "
In compliance of the order dated 01.07.2022, the report regarding verification of compromise received from Special Judge SC/ST Act, Jalaun has been placed on record as is evident from the office report dated 06.08.2022. The said report dated 15.07.2022 has been placed on record along with compromise deed as well as order dated 15.07.2022 vide which the compromise has been verified in the presence of parties 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 15.07.2022, 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 charge sheet no.01 of 2021 dated 20.06.2021 as well as summoning order dated 09.07.2021 passed by Special Judge SC/ST Act, Jalaun at Orai in Session Trial No. 85 of 2021 (State vs. Raju @ Rajeev Kumar and others), arising out of Case Crime No.190 of 2021, under Sections 323, 504, 506 I.P.C. & Section 3(1)(r), 3(1)(s) SC/ST, Act, P.S.-Konch, District-Jalaun against the applicants, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 8.8.2022
Rahul.
