Allahabad High Court
Ram Mohan Singh And 3 Others vs State Of U.P And Another on 11 July, 2022
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 81
Case :- APPLICATION U/S 482 No. - 4460 of 2022
Applicant :- Ram Mohan Singh And 3 Others
Opposite Party :- State Of U.P And Another
Counsel for Applicant :- Ajay Sengar
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Mr. Ram Govind, Advocate has filed his vakalatnama on behalf of the opposite party no.2 today in the Court, is taken on record.
Heard Mr. Ajay Sengar, learned counsel for the applicant, Mr. Madnesh Prasad Singh, learned Additional Government Advocate for the State, and Mr. Ram Govind, learned counsel for opposite party no.2.
This application under Section 482 Cr.P.C. has been filed challenging the entire proceedings of the impugned Sessions Trial No. 0035 of 2021, Case Crime No. 0171 of 2020, under Sections 323, 504, 506 of the IPC and under Section 3 (1)(r) and 3)(1) (s) of the SC/ST Act, Police Station Kuthond, District Jalaun in term of compromise, pending before the learned Special Judge, (SC/ST) Act, Jalaun at Orai.
On 11.04.2022, the following order was passed:-
"Shri Ram Govind, Advocate has filed vakalatnama on behalf of the respondent no. 2. It is taken on record.
Heard learned counsel for the applicants, learned AGA for the State and Shri Ram Govind, learned counsel for the respondent no.2.
Present petition under Section 482 Cr.P.C. has been preferred to quash the entire proceedings of the impugned Sessions Trial No. 0035 of 2021, Case Crime No. 0171 of 2020, under Sections 323, 504, 506 of the IPC and under Section 3 (1)(r) and 3)(1) (s) of the SC/ST Act, Police Station Kuthond, District Jalaun in term of compromise, pending before the learned Special Judge, (SC/ST) Act, Jalaun at Orai.
Learned counsel for the applicants/petitioners and learned counsel for respondent no. 2 have jointly submitted that parties have amicably settled their dispute out of the Court and they have entered into a compromise by means of compromise deed dated 07.02.2022, photocopy of which has been enclosed as Annexure no. 3 to the present petition.
Learned counsel for both the parties have prayed that the court below may be directed to verify the compromise dated 07.02.2022 entered into between the parties and submit the report before this Court and also prays that a liberty may be given to the applicants/petitioners to file the original copy of the compromise along with application before the court below within a period of one week, for the purpose of its verification.
As prayed, a week's time is granted to the applicants/petitioners to file the original copy of the compromise before the court below and the court below shall verify the same by fixing a date for appearance of all the signatories to the compromise executed on 07.02.2022 and submit its report along with the verified copy of the compromise, by the next date of listing.
List this case in the week commencing 16.05.2022, as fresh.
Till the next date of listing, the proceedings of aforementioned case shall remain stayed.
Office is directed to print the name of Sri Ram Govind, Advocate in the cause list as counsel for the respondent no. 2 as and when the case is next listed."
In compliance of the aforesaid order dated 11.04.2022, a compromise verification report dated 05.05.2022 from Special Judge (SC/ST Act), Jalaun is placed on record. As per the said report, the compromise deed 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 the impugned Sessions Trial No. 0035 of 2021, Case Crime No. 0171 of 2020, under Sections 323, 504, 506 of the IPC and under Section 3 (1)(r) and 3)(1) (s) of the SC/ST Act, Police Station Kuthond, District Jalaun in term of compromise, pending before the learned Special Judge, (SC/ST) Act, Jalaun at Orai 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 :- 11.7.2022
Jitendra/-
