Allahabad High Court
Rajendra And 2 Others vs State Of U.P. And Another on 17 October, 2022
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 85
Case :- APPLICATION U/S 482 No. - 27977 of 2022
Applicant :- Rajendra And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Rafeek Ahmad Khan
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Rafeek Ahmad Khan, learned counsel for the applicant, Mr. Akhilesh Sharma, learned AGA for the State and perused the records.
This application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Special Case No. 42 of 2018 (State Vs. Babu and Others), arising out of Case Crime No. 60 of 2018, under Sections 147, 323, 354, 504, 506 I.P.C. and Section 8 of POCSO Act against the applicant no.1 and Sections 147, 323, 504, 506 against the applicant nos.2&3, pending in the court of Additional Session Judge/ POCSO Act.
By order dated 12.07.2022 passed in Application U/s 482 No.14478 of 2022, the parties were directed to approach before the Court below alongwith an application for verification of compromise deed, so filed, as well as certified copy of the said order for verification of the compromise deed by the concerned court. In compliance of the aforesaid order dated 12.07.2022, the compromise, so filed, has been verified by the order dated 04.08.2022 in the presence of parties alongwith their respective counsels. A certified copy of the order dated 04.08.2022 has been annexed as Annexure no.8 to this application.
Learned counsel for the applicants submits that on account of compromise entered into between the parties concerned, all disputes between them have come to an end, and therefore, further proceedings against the applicant in the aforesaid case is liable to be quashed by this Court.
Learned A.G.A. does not dispute the aforesaid fact and submitted at the Bar that since the parties concerned have settled their dispute as mentioned above, therefore, he has no objection in quashing the impugned criminal proceedings against the applicants.
Before proceeding any further it shall be apt to make a brief reference to the following cases:-
1. B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675,
2. Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677,
3. Manoj Sharma Vs. State and Others; (2008) 16 SCC 1,
4. Gian Singh Vs. State of Punjab; (2012); 10 SCC 303,
5. Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466,
In the aforesaid judgments, the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and Others Vs. State of U.P. & Another; 2013 (83) ACC 278. in which the law expounded by the Apex court in the aforesaid cases has been explained in detail.
Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute.
Accordingly, the entire proceedings of Special Case No. 42 of 2018 (State Vs. Babu and Others), arising out of Case Crime No. 60 of 2018, under Sections 147, 323, 354, 504, 506 I.P.C. and Section 8 of POCSO Act against the applicant no.1 and Sections 147, 323, 504, 506 against the applicant nos.2&3, pending in the court of Additional Session Judge/ POCSO Act are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
A copy of this order be certified to the lower court forthwith.
Order Date :- 17.10.2022
Jitendra/-
