Arvind Mishra And 4 Others vs State Of U.P. And Another
2022 Latest Caselaw 4858 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 52
 

 
Case :- APPLICATION U/S 482 No. - 13311 of 2022
 

 
Applicant :- Arvind Mishra And 4 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Shri Prakash Dwivedi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Lavania,J.

Heard learned counsel for the applicants, learned AGA for the State and perused the record.

Instant application has been preferred by the applicants/petitioners for quashing the entire proceedings of Case No. 270 of 2019 (State v. Arvind Mishra and others) arising out of Case Crime No. 0018 of 2018, under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District Mirzapur, pending in the Court of Civil Judge (J.D.)/FTC (Women), Mirzapur including the charge sheet dated 04.12.2018 and further to stay the proceedings of Case No. 270 of 2019 (State v. Arvind Mishra and others).

Learned counsel for the parties have jointly submitted that the parties have amicably settled their dispute outside the Court and they have entered into a compromise by means of a compromise dated 27.07.2022, photocopy of which has been enclosed as Annexure no. 3 to the present petition.

Learned counsel for the applicants/petitioners has prayed that the court below may be directed to verify the compromise as already submitted before it and submit its report before this Court.

On the other hand, learned AGA has submitted that the offences against the applicants are non-compoundable offences and compounding of the same is barred under Section 320 Cr.P.C.

In reply, the learned counsel for the applicants has relied upon the judgments of Hon'ble the Supreme Court in the cases of B.S. Joshi & Ors. vs. State of Haryana and Another [(2003) 4 SCC 675], Nikhil Merchant vs. C.B.I. and Another [(2008) 9 SCC 677], Manoj Sharma vs. State and Ors. [(2008) 16 SCC 1], Gian Singh vs State of Punjab and Anr. [(2012) 10 SCC 303], wherein Hon'ble the Supreme Court has held that the powers of High Court under Section 482 Cr.P.C. in the matters of non-compoundable offences is not barred by Section 320 Cr.P.C.

After hearing the learned counsel for the parties, the court below is directed to verify the same by fixing a date for appearance of all the signatories/parties before the trial court to the compromise dated 27.07.2022 for the purpose of its verification and submit its report along with the verified copy of the compromise, by the next date of listing.

After the submission of report by the trial court, this Court will consider the matter in the light of the judgments (discussed above) relied by learned counsel for the applicants and the judgment of Hon'ble the Supreme Court in the case of Ramgopal and Anr. vs. The State of Madhya Pradesh decided on 29.09.2021 passed in Criminal Appeal No. 1489 of 2012.

List this case in the week commencing 25.07.2022.

Till the next date of listing, the proceedings of aforementioned case shall remain stayed.

Order Date :- 1.6.2022

Arun/-