Neeraj Malik And 5 Others vs State Of U.P. And 2 Others
2022 Latest Caselaw 14704 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 86
 
Case :- APPLICATION U/S 482 No. - 30143 of 2022
 
Applicant :- Neeraj Malik And 5 Others
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Applicant :- Mohammad Anas Raza
 
Counsel for Opposite Party :- G.A.,Avnish Kumar Srivastava
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the petitioners and learned A.G.A. for the State as well as Shri Avnish Kumar Srivastava, learned counsel for respondent no. 2 and 3.

Learned counsel for the petitioners submits that they have entered into a compromise and has amicably settled the dispute and the same has been filed before the learned court for compounding of the offences.

Learned trial court has rejected the application filed by the petitioners on the ground that the offences under Section 498A/323/504/506 I.P.C. and Section 3/4 D.P. Act are not compoundable under Section 320 Cr.P.C.

Learned counsel for the petitioners further submits that since the compromise has already been entered between the parties which is on record, therefore, by invoking extraordinary power under Section 482 Cr.P.C., the impugned proceedings may be quashed on the basis of such compromise.

Learned counsel for respondent no. 2 and 3 has conceded the argument advanced by learned counsel for the petitioners.

Learned A.G.A. has no objection in case the compromise is verified first by the trial court and only then it can be quashed on the basis of such compromise as well as verification report.

Perusal of the record as well as considering the judgment of the Apex Court passed in "Gian Singh Vs. State of Punjab" reported in "(2012) 10 SCC 303", "Narinder Singh and others Vs. State of Punjab and another" reported in "(2014) 6 SCC 466" and State of M.P. v. Laxmi Narayan, (2019) 5 SCC 688, this Court while exercising the powers under Section 482 Cr.P.C. can quash the proceedings in the non-compoundable offences such as in this case and hence, the the parties are directed to appear before the learned trial court on 17.11.2022 along with the copy of original compromise deed, who shall verify the compromise in presence of the parties within one week thereafter and keep a report of the verification on the record of the Court after providing its copies to the parties.

For a period of two month, the proceedings of Criminal Case No. 21619 of 2021 ( Arising out of Crime No. 526 of 2018), State versus Neeraj Malik & others, under Sections 498A, 323, 504, 506 LP.C & 3/4 Dowry Prohibition Act which is pending in court of Additional Chief Judicial Magistrate, Court No. 1, Meerut shall be kept in abeyance.

In view of the above, the petition is disposed of.

Liberty to the parties is granted to approach this Court again for quashing of the proceedings on the basis of compromise and its verification.

Office is directed to return the original compromise to learned counsel for the petitioners as per Rules of the Court.

Order Date :- 20.10.2022

RC