Allahabad High Court
Kailash Narayan And 8 Others vs State Of U.P. And Another on 4 May, 2022
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 92
Case :- APPLICATION U/S 482 No. - 31773 of 2019
Applicant :- Kailash Narayan And 8 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Satya Narayan Gupta
Counsel for Opposite Party :- G.A.,Nanhe Lal Tripathi
Hon'ble Manish Kumar,J.
Heard learned counsel for the parties and gone through the record.
The present petition under Section 482 Cr.P.C. has been filed for quashing of the impugned order dated 01.08.2019 passed by learned Additional Session/Special Judge (U.P.D.A.A.) Act Lalitpur as well as entire proceeding of complaint case no. 43/2019, under Sections 395 & 397 IPC, Police Station Kotwali Lalitpur, District Lalitpur pending in the court of learned Additional Session/Special Judge (U.P.D.A.A.) Act, Lalitpur.
Learned counsel for the applicants has submitted that the complaint was filed by the respondent no. 2 is an outburst of the FIR lodged by the applicant no. 1 against the opposite party no. 2 and his family members but during trial, the parties have amicably settled their dispute and have entered into a compromise on 13.01.2020 and prayed that the court below may be directed to verify the compromise.
This Court vide its order dated 28.03.2022 has referred the matter to the court below for the purpose of verification of the compromise dated 13.01.2020 entered into between the parties and after the verification of the compromise, an appropriate order with respect to the verification shall be passed by the court below and send a report to this Court.
In compliance of the earlier order of this Court, the report dated 07.04.2022 along with verified copy of the compromise has been submitted by the Additional District & Sessions Judge, Special Judge (U.P. Dacoity A.A.), Lalitpur mentioning therein that the parties have appeared along with the compromise deed and they were identified by their respective counsels. Contents of the compromise deed were read over and explained to both the parties and both the parties have accepted the contents of the compromise deed.
Learned counsel for the applicants/petitioners has submitted that after the compromise entered into between the parties and the verification of the same by the trial court, nothing remains in the criminal case pending before the trial court and the proceedings of the criminal case may be quashed in the light of the judgment of the Apex Court in the case of Gian Singh Vs. State of Punjab [2012 10 SCC 303].
On the other hand, learned Additional Government Advocate and learned counsel for the respondent no. 2 (complainant) have submitted that the compromise has been entered into between the parties and now the respondent no. 2 does not want to proceed with criminal case and the proceedings thereof as such, the impugned order dated 01.08.2019 passed by learned Additional Session/Special Judge (U.P.D.A.A.) Act Lalitpur as well as entire proceeding of complaint case no. 43/2019, under Sections 395 & 397 IPC, Police Station Kotwali Lalitpur, District Lalitpur pending in the court of learned Additional Session/Special Judge (U.P.D.A.A.) Act, Lalitpur may be quashed.
After hearing learned counsel for the parties and going through the record and the report submitted by Additional District and Sessions Judge/Special Judge (U.P. Dacoity A.A.), Lalitpur, it is found that in the present case, the crime is against the individual and not against the society; the accused has no criminal antecedents or criminal history and the present criminal proceedings are arising out of family dispute or pre-dominantly civil character.
Considering the submissions advanced by learned counsel for the parties and perusing the compromise dated 15.01.2022 as well as the law laid down by Hon'ble Apex Court in the case of Gian Singh (supra) and the discussions made hereinabove, there is no purpose to keep the proceedings pending before the trial court and hence, entire proceeding of the impugned order dated 01.08.2019 passed by learned Additional Session/Special Judge (U.P.D.A.A.) Act Lalitpur as well as entire proceeding of complaint case no. 43/2019, under Sections 395 & 397 IPC, Police Station Kotwali Lalitpur, District Lalitpur pending in the court of learned Additional Session/Special Judge (U.P.D.A.A.) Act, Lalitpur are hereby quashed in terms of the compromise dated 13.1.2020.
The petition is hereby allowed.
Order Date :- 4.5.2022
Nitesh
