Allahabad High Court
Mohan Pratap And 2 Others vs State Of U.P. And Another on 21 October, 2022
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 85
Case :- APPLICATION U/S 482 No. - 1605 of 2020
Applicant :- Mohan Pratap And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Paritosh Sukla
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Paritosh Sukla, learned counsel for the applicants, Mr. Dinesh Kumar Mishra, learned counsel for the opposite party no.2 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 proceedings as well as summoning order dated 5.3.2019 passed in Complaint Case No.141 of 2019, under Sections 452, 354B I.P.C., Police Station-Mandi Dhanaura, District-Amroha, pending in the Court of A.C.J.M.-III, District- Amroha, on the basis of compromise dated 13.05.2019.
On 17.01.2020, the following order was passed:-
"A shot counter affidavit has been filed, taken on record.
Learned counsel for both sides are present.
Compromise has been said to have been filed before trial court.
Let verification of same be made by trial court and then after certified copy of same be filed on record, in this proceeding.
List in week commencing 2.3.2020.
Till the next date of listing, no coercive action shall be taken against the applicants. "
In compliance of the aforesaid order, the compromise between the parties has been verified by the Court below, vide order dated 20.07.2022 in the presence of the parties as well as their respective counsels. The certified copy of the aforesaid verification order dated 20.07.2022 along with compromise deed, has been annexed as Annexure-1 to the supplementary affidavit filed by learned counsel for the applicants, vide which the compromise has been verified. Short counter affidavit has been filed by learned counsel for the opposite party no.2, mentioning therein the compromise has been taken place between the parties.
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. as well as learned counsel for the opposite party no.2 also affirm that the parties have entered into compromise, they have 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, proceedings as well as summoning order dated 5.3.2019 passed in Complaint Case No.141 of 2019, under Sections 452, 354B I.P.C., Police Station-Mandi Dhanaura, District-Amroha, pending in the Court of A.C.J.M.-III, District- Amroha, on the basis of compromise dated 13.05.2019, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 21.10.2022
Rahul.
