Allahabad High Court
Asif Shadab And 3 Others vs State Of U. P. Another on 25 July, 2022
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 81
Case :- APPLICATION U/S 482 No. - 12733 of 2021
Applicant :- Asif Shadab And 3 Others
Opposite Party :- State Of U. P. Another
Counsel for Applicant :- Sheikh Moazzam Inam
Counsel for Opposite Party :- Rajesh Mishra
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Sheikh Moazzam Inam, learned counsel for the applicants, Sri Pankaj Srivastava, learned A.G.A. for the State, Mohd. Abid Ali, Advocate, holding brief of Sri Rajesh Mishra, learned counsel for opposite party no.2 and perused the record.
On 13.09.2021, the following order was passed:
"1. Sri Sheikh Moazzam Inam, learned counsel for the applicant and Sri Rajesh Mishra, learned counsel for the private respondents.
2. Learned counsel for the parties jointly submit that they have compromised their matter in Complaint Case No.1301 of 2018, under Sections 452, 392, 324, 506 IPC, Police Station-Bilari, District-Moradabad pending in the court of Judicial Magistrate, Moradabad.
3. Let parties appear before the court of Judicial Magistrate, Moradabad, on 23.09.2021 for verification of compromise.
4. If compromise is verified, then learned Magistrate to furnish his report on compromise by 30.09.2021.
5. List on 01.11.2021.
6. Till then no coercive action be taken against the applicants."
In compliance of the aforesaid order, a report from Additional Chief Judicial Magistrate, Court No.5, Moradabad has been placed on record. The report dated 29.10.2021 goes to show that compromise between the parties has been verified in the presence of parties as well as their respective counsels.
A supplementary affidavit has been filed in this regard by counsel for the applicants wherein certified copy of the order dated 23.09.2021 verifying the compromise has been placed on record.
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 and learned counsel for opposite party no.2 also affirms that the parties have entered into a compromise and copy of the same has also been enclosed along with verification order dated 23.09.2021, they have 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; and
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 counsel for the parties, the court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute.
Accordingly, the proceedings of Complaint Case No. 1301 of 2018 under Section 452, 392, 324, 506 I.P.C., Police Station- Bilari, District- Moradabad pending in the court of Additional Chief Judicial Magistrate, Court No.5, Moradabad in terms of the compromise dated 22.09.2021, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 25.7.2022
Madhurima
