Allahabad High Court
Deepak @ Pradeep And 2 Others vs State Of U.P. And Another on 21 July, 2022
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 81
Case :- APPLICATION U/S 482 No. - 1129 of 2022
Applicant :- Deepak @ Pradeep And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Raghubir Singh
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Raghubir Singh, 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 S.S.T. No. 436 of 2014 (State Vs. Sanjay Kumar and Others), under Sections 395, 397, 506 I.P.C., P.S. Jagdishpura, District-Agra, pending in the court of Special Judge (D.A.A.), Court No.3, District-Agra.
Learned counsel for the applicants submits that due to dispute between the parties, the FIR was lodged by both the parties against each other. In the case, which was lodged by the applicant against the opposite party no.2, the parties have entered into compromise, therefore, an application no.3563 of 2022 has been filed by opposite party no.2, which is pending. In the present case, on 25.03.2022, 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 no.3 in the affidavit accompanied with the present application.
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 25.03.2022, a report dated 30.06.2022 of Additional Sessions Judge/Special Judge (D.D.A. Act), Court no.3, Agra alongwith copy of compromise deed and order dated 15.06.2022 has been 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.
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 S.S.T. No. 436 of 2014 (State Vs. Sanjay Kumar and Others), under Sections 395, 397, 506 I.P.C., P.S. Jagdishpura, District-Agra, pending in the court of Special Judge (D.A.A.), Court No.3, District-Agra 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 :- 21.7.2022
Jitendra/-
