Allahabad High Court
Talib @ Tajdar Haidar And 6 Others vs State Of U.P. And Another on 7 July, 2022
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 81
Case :- APPLICATION U/S 482 No. - 3111 of 2022
Applicant :- Talib @ Tajdar Haidar And 6 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Adil Khan
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Adil Khan, learned counsel for the applicants, Mr. Akhilesh Kumar Srivastava, learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for the applicants quashing the impugned charge sheet dated 23.02.2019 as well as cognizance order dated 28.05.2019, arising out of Case Crime No.02 of 2019, under Sections 147, 148, 323, 504, 506, 325 I.P.C., Police Station- Naugawan Sadat, District-Amroha (J.P. Nagar), pending in the Court of Chief Judicial Magistrate, Amroha in view of compromise dated 11.11.2021.
On 26.04.2022, the following order was passed:-
"Heard learned Counsel for the parties.
It has been stated that parties have entered into compromise and settled their disputed amicably. They have filed compromise deed in the trial Court and the same is annexed as annexure no.4 in the affidavit accompanied with the present application.
Trial Court is directed to verify the compromise deed between the parties and send verification report within one month.
List, as fresh, after receipt of verification report."
In compliance of the order dated 26.04.2022, the report dated 05.05.2022 regarding the verification of compromise deed has been placed on record along with the affidavit on which the compromise has been verified by the trial Court in the presence of the parties as well as their 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 05.05.2022, 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) 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 impugned charge sheet dated 23.02.2019 as well as cognizance order dated 28.05.2019, arising out of Case Crime No.02 of 2019, under Sections 147, 148, 323, 504, 506, 325 I.P.C., Police Station- Naugawan Sadat, District-Amroha (J.P. Nagar), pending in the Court of Chief Judicial Magistrate, Amroha in view of compromise dated 11.11.2021, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
It is always open to the parties to approach this Court, in case, the verification has been done by playing fraud.
Order Date :- 7.7.2022/Rahul.
