Allahabad High Court
Jahangeer And 3 Others vs State Of U.P. And Another on 9 May, 2022
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 92
Case :- APPLICATION U/S 482 No. - 22469 of 2021
Applicant :- Jahangeer And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Deepak Rana
Counsel for Opposite Party :- G.A.
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 the criminal case as well as charge sheet dated 18.12.2020 and summoning order dated 21.01.2021 in Criminal Case No. 76 of 2021 arising out of case crime no. 201 of 2020, under Sections 332, 342, 353, 504, 506 IPC, Police Station Hafizpur, District Hapur pending in the court of Judicial Magistrate-II, Hapur.
Learned counsel for the petitioner has stated that the parties have amicably settled their dispute and have entered into a compromise on 18.02.2021.
On the request of learned counsel for the applicant that the compromise has been entered into between the parties and the same may be referred to the court below for the purpose of its verification, this Court vide its order dated 25.11.2021 has sent the matter to the court below for verification of the compromise and directed the learned counsel for the applicant to file supplementary affidavit annexing therewith the certified copy of the aforesaid verified compromise deed.
In compliance of the earlier order of this Court dated 25.11.2021, two supplementary affidavits have been filed by learned counsel for the applicant, the first supplementary affidavit was filed on 22.12.2021 bringing on record the certified copy of the order dated 09.12.2021 passed by the court below relating to the proceedings for verification of the compromise entered into between the parties mentioning therein that both the parties have appeared before the court below and they were identified by their respective counsels and they have accepted the agreement entered into between them. The second supplementary affidavit is of dated 05.05.2022 annexing therewith the certified copy of the verified compromise deed filed before the trial court.
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 the criminal case as well as charge sheet dated 18.12.2020 and summoning order dated 21.01.2021 in Criminal Case No. 76 of 2021 arising out of case crime no. 201 of 2020, under Sections 332, 342, 353, 504, 506 IPC, Police Station Hafizpur, District Hapur pending in the court of Judicial Magistrate-II, Hapur 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 18.02.2021 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 criminal case as well as charge sheet dated 18.12.2020 and summoning order dated 21.01.2021 in Criminal Case No. 76 of 2021 arising out of case crime no. 201 of 2020, under Sections 332, 342, 353, 504, 506 IPC, Police Station Hafizpur, District Hapur pending in the court of Judicial Magistrate-II, Hapur are hereby quashed in terms of the compromise dated 18.02.2021.
The petition is hereby allowed.
Order Date :- 9.5.2022
Nitesh
