Allahabad High Court
Neeraj Vasney vs State Of U.P. And Another on 13 July, 2022
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 81
Case :- APPLICATION U/S 482 No. - 1568 of 2022
Applicant :- Neeraj Vasney
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Rohit Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Rohit Shukla, learned counsel for the applicant, Mr. Madnesh Prasad Singh, learned counsel for the State and perused the records.
This application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Criminal Case No. 876 of 2015 (State Vs. Neeraj Vasney and Others), arising out of Case Crime No. 12 of 2014, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 of D.P. Act, P.S. Mahila Thana, District-Jhansi, pending in the court of Civil Judge (Junior Division)/ Judicial Magistrate, Jhansi.
On 04.02.2022, the following order was passed:-
"Heard learned counsel for the applicant, learned AGA for the State through video conferencing and perused the record.
Learned counsel for the applicant submitted that this is a matrimonial dispute and parties have settled their dispute amicably. Further submitted that parties have filed compromise, which is at page 26 to 35 of the paper-book.
In view of the above, matter is referred to the trial court concerned for verification.
Learned counsel for the applicant undertakes to ensure the presence of the parties before the court below or any other transferee court, as the case may be, on 21.02.2022 and the court concerned, thereafter, shall ascertain the veracity of the compromise.
If the said compromise is verified, the same shall be made part of the record and report to that effect, will be prepared and submitted to this Court. The parties would be allowed to obtain certified copy thereof.
Parties are also directed to produce the certified copy of this order before the court concerned on the date fixed before it.
Put up this matter as fresh on 04.03.2022.
Till the next date of listing, further proceeding of Criminal Case No. 876 of 2015 (State Vs. Neeraj Vasney and Others), arising out of Case Crime No. 12 of 2014, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 of D.P. Act, P.S. Mahila Thana, District Jhansi pending in the court of Civil Judge (Junior Division)/ Judicial Magistrate, Jhansi, shall remain stayed."
In compliance of the aforesaid order dated 04.02.2022, a compromise verification report dated 23.02.2022 from Civil Judge (J.D.)/FTC, (C.A.W.)/J.M., Jhanshi is placed on record. As per the said report, the parties have entered into compromise and the compromise, so filed, has been verified in the presence of parties alongwith their counsel on 21.02.2022.
Learned counsel for the applicants 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. does not dispute the aforesaid fact and submitted at the Bar that since the parties concerned have settled their dispute as mentioned above, therefore, he has 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. 876 of 2015 (State Vs. Neeraj Vasney and Others), arising out of Case Crime No. 12 of 2014, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 of D.P. Act, P.S. Mahila Thana, District-Jhansi, pending in the court of Civil Judge (Junior Division)/ Judicial Magistrate, Jhansi 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 :- 13.7.2022
Jitendra/-
