Allahabad High Court
Vishnu And 4 Others vs State Of U.P.And Another on 22 July, 2022
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 81
Case :- APPLICATION U/S 482 No. - 4111 of 2022
Applicant :- Vishnu And 4 Others
Opposite Party :- State Of U.P.And Another
Counsel for Applicant :- Bhanu Prakash Verma
Counsel for Opposite Party :- G.A.,Tapeshwari Prasad
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Bhanu Prakash Verma, learned counsel for the applicants, Mr. Mohammad Ayub, Advocate holding brief of Mr. Tapeshwari Prasad, learned counsel for the opposite party no.2 and Mr. C.P. Singh, learned A.G.A. for the State.
This application has been moved with the prayer to quash the proceeding of Sessions Case No.1108 of 2021 (State Vs. Sachin and five other), Case Crime No. 163 of 2021, under Sections 147, 148, 323, 324 354(Kha), 352, 504, 506, 308 I.P.C., P.S.-Navjheel, District-Mathura, pending in the Court of Additional Sessions Judge/Special Judge, POCSO Act, Mathura.
On 05.04.2022, the following order was passed:-
"1. Heard learned counsel for the applicants, learned counsel for the opposite party no.2, learned AGA for the State and perused the record.
2. This criminal misc. application under section 482 Cr.P.C. has been filed to quash the charge sheet, in Case Crime No.163 of 2021, under sections 147, 148, 323, 324, 354(Kha), 352, 504, 506, 308, IPC, Police Station Navjheel, District Mathura, in terms of compromise.
3. Learned counsel for the parties submitted that parties have settled the matter amicably and have entered into a compromise. The same has already been filed before the trial court. Learned counsel for the parties prays that compromise be verified and matter be disposed of accordingly.
4. Considering the submission of learned counsel for the applicants, it is directed that parties may appear before the trial court and file written compromise before the trial court within three weeks from today. If any such compromise is filed before the trial court, the trial court after verifying the compromise on the same date, will submit the report to this Court before the next date of listing. Parties may also obtain the copy of compromise verification report and file in this Court by the next date of listing.
5. List this case on 11.05.2022 as fresh.
6. Till then, no coercive action shall be taken against the applicants in the aforesaid case."
As the compromise could not be verified, therefore, the following order dated 11.05.2022 was passed:-
"1. Learned counsel for the applicants, learned counsel for the opposite party no.2 and learned AGA for the State are present.
2. Learned counsel for the parties jointly submitted that in pursuance of the order dated 05.04.2022 the parties could not appear before the court below for verification of compromise, due to some unavoidable circumstances, and prays that some time may be granted for compliance of the order dated 05.04.2022.
3. As jointly prayed by counsel for the parties, two weeks further time is granted to either of the parties for compliance of the order dated 05.04.2022.
5. As prayed, put up this case on 11.07.2022 as fresh.
6. Till the next date of listing no coercive measure shall be adopted against the applicants in the aforesaid case."
As per office report dated 08.07.2022, the report regarding verification of the compromise has been placed on record.
In compliance of the aforesaid order dated 05.04.2022, the report of Additional Sessions Judge/Special Judge POCSO Act, Mathura dated 24.05.2022 has been placed on record along with the application as well as compromise deed by mentioning that compromise has been verified vide order dated 23.05.2022 in the presence of the parties and their respective 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, 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 Sessions Case No.1108 of 2021 (State Vs. Sachin and five other), Case Crime No. 163 of 2021, under Sections 147, 148, 323, 324 354(Kha), 352, 504, 506, 308 I.P.C., P.S.-Navjheel, District-Mathura, pending in the Court of Additional Sessions Judge/Special Judge, POCSO Act, Mathura, 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 :- 22.7.2022
Rahul.
