Allahabad High Court
Ram Kumar @ Ramu And 3 Others vs State Of U.P And Another on 28 July, 2022
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 81
Case :- APPLICATION U/S 482 No. - 13159 of 2022
Applicant :- Ram Kumar @ Ramu And 3 Others
Opposite Party :- State Of U.P And Another
Counsel for Applicant :- Dr. Akhilesh Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Supplementary affidavit filed by the learned counsel for the applicants today in the Court, is taken on record.
Office is directed to register the same.
Heard Dr. Akhilesh Kumar, learned counsel for the applicants, Mr. Pankaj Srivastava, learned counsel for the State and perused the records.
This application under Section 482 Cr.P.C. has been filed to quash the charge sheet no.1 dated 12.10.2021 as well as the entire proceedings of Case No. 131 of 2022 (State Vs. Raj Kumar @ Raju and Others), arising out of Case Crime No. 319 of 2021, under Sections 332, 323, 504, 427 I.P.C., P.S. Fatehabad, District-Agra, pending in the court of Judicial Magistrate, Fatehabad, District-Agra on the basis of compromise.
On 30.05.2022, the following order was passed:-
"Heard learned counsel for applicants and the learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing of the entire proceedings of case no. 131/2022, case crime no. 319/2021, under Sections 332, 323, 504, 427 IPC, P.S. Fatehabad, District Agra, pending in the court of Judicial Magistrate, Fatehabad, district Agra as well as for quashing of the charge-sheet dated 12.10.2021 submitted in the above-stated case, on the basis of compromise arrived at between the parties.
It is submitted by learned counsel for the applicants that on account of intervention of their well-wishers, a compromise has been arrived at between the parties and the said compromise will be filed before the court concerned within two weeks from today. It is further contended that proceedings of the aforesaid case may be quashed on the basis of compromise arrived at between the parties.
Whether a compromise has taken place or not can best be ascertained by the court where the proceedings are pending, after ensuring the presence of the parties before it.
In view of the aforesaid it is directed that in case the parties file an appropriate application for compromise before the court concerned within a period of six weeks from today, the same shall be verified by the court concerned in accordance with law and if the said compromise is verified, the same shall be made part of the record and report to that effect will be prepared and the parties would be allowed to obtain certified copy thereof and file the same before this Court by the next date.
Put up this case on 28.07.2022 as fresh.
Till the next date of listing, no coercive action would be taken against the applicants in the aforesaid case."
In compliance of the aforesaid order dated 30.05.2022, learned counsel for the applicants has placed certified copy of order dated 23.06.2022 passed by Judicial Magistrate Fatehabad, Agra vide which the compromise so entered between the parties, has been verified in the presence of parties alongwith their respective counsels.
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 charge sheet no.1 dated 12.10.2021 as well as the entire proceedings of Case No. 131 of 2022 (State Vs. Raj Kumar @ Raju and Others), arising out of Case Crime No. 319 of 2021, under Sections 332, 323, 504, 427 I.P.C., P.S. Fatehabad, District-Agra, pending in the court of Judicial Magistrate, Fatehabad, 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 :- 28.7.2022
Jitendra/-
