Allahabad High Court
Subhash And 8 Others vs State Of U.P.And Another on 31 May, 2022
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 92
Case :- APPLICATION U/S 482 No. - 2505 of 2022
Applicant :- Subhash And 8 Others
Opposite Party :- State Of U.P.And Another
Counsel for Applicant :- Anuj Kumar Gupta
Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
The present petition has been preferred by the applicants for quashing of the entire proceedings of Complaint Case No 1338 of 2019 under Sections 323, 392, 504 and 506 IPC, Police Station Mainather, District Moradabad pending before the court of Additional Chief Judicial magistrate, Court No. 3, Moradabad as well as set aside the summoning order dated 01.01.2020 passed by the Judicial Magistrate, Moradabad.
Learned counsel for the applicants has informed this Court that on the last date i.e. 08.02.2022, it has been informed to this Court that parties have reconciled their differences and a compromise has been entered into between the parties on 01.12.2021 (which is enclosed as annexure no. 4 to the present petition).
On the basis of submissions made by learned counsel for the applicants, this Court vide its order dated 08.02.2022 has referred the matter to the court below for the purpose of verification of the compromise 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 24.02.2022 along with verified copy of the compromise has been submitted by the Additional Chief Judicial Magistrate, Court No. 3, Moradabad 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 dated 24.02.2022 submitted by the Additional Chief Judicial Magistrate, Court No. 3, Moradabad is on record.
On the other hand, learned AGA has submitted that the dispute between the parties had arisen due to some matrimonial issues, thus, in pursuance of the compromise entered into between the parties, the matter may be decided. It is further submitted that as per compromise dated 01.12.2021, respondent no. 2 does not want to pursue the case anymore pending before the trial court against the applicants as such, the entire proceedings in terms of compromise of Complaint Case No 1338 of 2019 under Sections 323, 392, 504 and 506 IPC, Police Station Mainather, District Moradabad pending before the court of Additional Chief Judicial magistrate, Court No. 3, Moradabad as well as set aside the summoning order dated 01.01.2020 passed by the Judicial Magistrate, Moradabad may be quashed.
It is further submitted that as per the law laid down by the Apex 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 the Apex Court has categorically held that a compromise can be made between the parties even in respect of certain cognizable and non-compoundable offences.
After hearing learned counsel for the parties and going through the record as well the judgments of Hon'ble the Supreme Court (as discussed above), it is found that the parties have amicably entered into a compromise and the respondent no. 2 does not want to pursue any further the criminal case pending against the applicants before the court below. In the present case, the crime is against the individual and not against the society;and the present criminal proceedings are arising out of a matrimonial dispute.
Considering the submissions advanced by learned counsel for the parties and perusing the compromise dated 01.12.2021 as well as the aforesaid judgments of Hon'ble the Supreme Court, no purpose would be served to keep the proceedings pending before the trial court and hence, the entire proceedings in terms of compromise of Complaint Case No 1338 of 2019 under Sections 323, 392, 504 and 506 IPC, Police Station Mainather, District Moradabad pending before the court of Additional Chief Judicial magistrate, Court No. 3, Moradabad as well as set aside the summoning order dated 01.01.2020 passed by the Judicial Magistrate, Moradabad are hereby quashed.
The petition is hereby allowed.
Order Date :- 31.5.2022/Ashish
