Allahabad High Court
Virendra Singh Bundela And 4 ... vs State Of U.P. And Another on 6 July, 2022
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 81
Case :- APPLICATION U/S 482 No. - 6785 of 2022
Applicant :- Virendra Singh Bundela And 4 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Girish Chandra Mishra
Counsel for Opposite Party :- G.A.,Gyanedra Pratap Singh
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Shashank Tripathi, Advocate holding brief of Mr. Girish Chandra Mishra, learned counsel for the applicant, Mr. Pankaj Srivastava, learned Additional Government Advocate for the State, and Mr. Gyanedra Pratap Singh, learned counsel for opposite party no.2.
This application under Section 482 Cr.P.C. has been filed challenging the entire proceedings of Criminal Case No.6180 of 2007 (Sessions Trial No.23 of 2019) (State of UP vs. Virendra Singh Bundela and Others), arising out of Case Crime No.3348 of 2007, under Sections 147, 387, 504, 506, 120B IPC and Section 3(1)(X) of SC/ST Act, Police Station-Kotwali, District-Lalitpur, pending in the Court of Special Judge, (SC/ST Act)/Additional Sessions Judge-I, Lalitpur.
On 13.04.2022, the following order was passed:-
"Heard learned Counsel for the applicants and learned AGA for the State.
It has been stated by learned counsel for both the parties that parties have entered into compromise and settled their disputed amicably. It is further stated that the parties have filed compromise deed in the trial Court and the same is annexed as Annexure-1 in the supplementary affidavit.
Trial Court is directed to verify the compromise deed between the parties and submit verification report within four weeks.
List after four weeks as fresh along with verification report."
In compliance of the aforesaid order dated 13.04.2022, a compromise verification report from Additional District and Sessions Judge/Special Judge (M.P./M.L.A.), Lalitpur is placed on record. As per the said report, the compromise has been duly verified by the concerned court below.
Learned counsel for the applicants further 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. as well as learned counsel for the opposite party no.2 do not dispute the aforesaid fact and submitted at the Bar that since the parties concerned have settled their dispute as mentioned above, therefore, they have 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 Criminal Case No.6180 of 2007 (Sessions Trial No.23 of 2019) (State of UP vs. Virendra Singh Bundela and Others), arising out of Case Crime No.3348 of 2007, under Sections 147, 387, 504, 506, 120B IPC and Section 3(1)(X) of SC/ST Act, Police Station-Kotwali, District-Lalitpur, pending in the Court of Special Judge, (SC/ST Act)/Additional Sessions Judge-I, Lalitpur 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 :- 6.7.2022/Jitendra/-
