Allahabad High Court
Subhash Chand vs State Of U.P. And Another on 23 May, 2022
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 92
Case :- APPLICATION U/S 482 No. - 27495 of 2021
Applicant :- Subhash Chand
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Sunil Kumar Pathak
Counsel for Opposite Party :- G.A.,Rakesh Kumar Pandey
Hon'ble Manish Kumar,J.
Heard Shri Sunil Kumar Pathak, learned counsel for the applicant, Shri Rakesh Kumar Pandey, learned counsel for the respondent no. 2 and gone through the record.
The present petition under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 2006/9 of 2015 arising out Case Crime No. 642 of 2014, under Sections 420, 467, 468, 471, 447, 448, 218 and 219 of IPC, Police Station Bhopa, District Muzaffar Nagar pending in the Court of ACJM, 2nd, Muzaffar Nagar.
Learned counsel for the applicant has stated that the parties have amicably settled their dispute and have entered into a compromise on 08.10.2021 (annexed as annexure no. 4 to the present petition)
This Court vide its order dated 09.03.2022 has referred the matter to the court below for the purpose of verification of the compromise dated 08.10.2021 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 order of this Court, the report dated 21.04.2022 along with verified copy of the compromise has been submitted by the Judicial Magistrate, Court No. 1, Muzaffar Nagar mentioning therein that the parties were present and they have admitted that they have entered into an agreement voluntarily. The report dated 21.04.2022 submitted by the Judicial Magistrate, Court No. 1, Muzaffar Nagar is on record.
Learned counsel for the applicant 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 Shri Rakesh Kumar Pandey, learned counsel for the respondent no. 2 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, entire prosecution case of Case No. 2006/9 of 2015 arising out Case Crime No. 642 of 2014, under Sections 420, 467, 468, 471, 447, 448, 218 and 219 of IPC, Police Station Bhopa, District Muzaffar Nagar pending in the Court of ACJM, 2nd, Muzaffar Nagar on the basis of compromise taken on 08.10.2021 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 as the applicant and the respondent no. 2 are the cousin brother and the dispute between them relates to a property; 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 08.10.2021 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 prosecution case of Case No. 2006/9 of 2015 arising out Case Crime No. 642 of 2014, under Sections 420, 467, 468, 471, 447, 448, 218 and 219 of IPC, Police Station Bhopa, District Muzaffar Nagar pending in the Court of ACJM, 2nd, Muzaffar Nagar are hereby quashed in terms of the compromise dated 08.10.2021.
The petition is hereby allowed.
Order Date :- 23.5.2022
Ashish
