Allahabad High Court
Balveer And 3 Others vs State Of U.P. And Another on 19 October, 2022
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 85
Case :- APPLICATION U/S 482 No. - 13681 of 2022
Applicant :- Balveer And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Rohit Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Rohit Shukla, learned counsel for the applicants and Mr. Pankaj Kumar Srivastava, learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed to quash the entire proceeding of Case No.1474 of 2021, arising out of Case Crime No.239 of 2016, under Sections 323, 504, 506, 307 I.P.C., Police Station-Mogarra, District-Mathura, pending in the Court of learned Additional Civil Judge/Judicial Magistrate, Court No.12, Mathura, on the basis of compromise filed on 16.03.2022.
On 01.06.2022, the following order was passed:-
"Learned counsel for the applicants has submitted that the final report has been submitted against the applicants, thereafter, being aggrieved protest petition has been filed on 10.08.2018. He has further submitted that during proceeding, parties have entered into compromise and the same has been filed on 16.03.2022 before the court below.
Under the circumstances, court below is directed to verify the compromise filed before it and send its report by the next date fixed in the matter.
Put-up as fresh on 8th July, 2022.
Till the next date of listing, no coerice action shall be taken against the applicants. "
In compliance of the aforesaid order, the compromise has been verified in the presence of the parties as well as their respective counsels. The certified copy of the order dated 04.07.2022 has been passed on to the Court by learned counsel for the applicants, vide which the compromise has been verified by the Court concerned, is taken on record.
Learned counsel for the applicants submits that in view of the aforesaid compromise being verified by the court concerned, the entire proceedings of the aforesaid criminal case may be quashed by this Court.
Learned A.G.A. for the State also affirms that the parties have entered into compromise, he has no objection, if the proceedings of the aforesaid case are quashed.
This Court is not unmindful of the following judgements of the Apex Court:
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; and
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 and Pramod & Another Vs. State of U.P. & Another (Application U/S 482 No.12174 of 2020, decided on 23rd February, 2021) 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 counsel for the parties, the court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute.
Accordingly, proceeding of Case No.1474 of 2021, arising out of Case Crime No.239 of 2016, under Sections 323, 504, 506, 307 I.P.C., Police Station-Mogarra, District-Mathura, pending in the Court of learned Additional Civil Judge/Judicial Magistrate, Court No.12, Mathura, on the basis of compromise filed on 16.03.2022, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 19.10.2022
Rahul.
