Allahabad High Court
Nauni Ram And 5 Others vs State Of U.P. And Another on 5 May, 2022
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 92
Case :- APPLICATION U/S 482 No. - 15561 of 2021
Applicant :- Nauni Ram And 5 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Rajesh Kumar Mishra
Counsel for Opposite Party :- G.A.,Purushottam Pandey
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 entire proceeding of complaint case no. 1613/2011, under Sections 323, 392, 420, 452, 504, 506 IPC, Police Station Milak, District Rampur as well as summoning order dated 21.11.2011, pending in the court of Additional Chief Judicial Magistrate-IInd, Rampur, District Rampur.
Learned counsel for the petitioner has stated that the parties have amicably settled their dispute and have entered into a compromise on 14.07.2021.
This Court vide its order dated 11.11.2021 has referred the matter to the court below for the purpose of verification of the compromise dated 14.07.2021 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 19.12.2021 along with verified copy of the compromise has been submitted by the Additional Civil Judge (C.D), ACJM, court no. 1, District Rampur mentioning therein that the parties were present and they have admitted that they have entered into an agreement voluntarily. Their signatures have been verified by their respective counsels before the court. The report dated19.12.2021 along with verified copy of the compromise submitted by the Additional Civil Judge (C.D), ACJM, court no. 1, District Rampur is on record.
Learned counsel for the petitioners has placed reliance in 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 entire proceeding of impugned case no. 3983 of 2020, case crime no. 0332 of 2016, under Sections 452, 323, 307, 325 IPC, Police Station Jalaun, District Jalaun pending before the learned Chief Judicial Magistrate, Jalaun at Orai may be quashed.
After hearing learned counsel for the parties and going through the record, 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 complaint case no. 1613/2011, under Sections 323, 392, 420, 452, 504, 506 IPC, Police Station Milak, District Rampur as well as summoning order dated 21.11.2011, pending in the court of Additional Chief Judicial Magistrate-IInd, Rampur, District Rampur are hereby quashed in terms of the compromise dated 14.07.2021.
The petition is hereby allowed.
Order Date :- 5.5.2022
Nitesh
