Allahabad High Court
Devesh Mishra And 3 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. - 23425 of 2021
Applicant :- Devesh Mishra And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Sudhir Kumar Tripathi
Counsel for Opposite Party :- G.A.,Kailash Choudhary
Hon'ble Mrs. Manju Rani Chauhan,J.
Supplementary affidavit filed by learned counsel for the applicants in Court today, is taken on record. Office is directed to register the same.
Heard Mr. Sudhir Kumar Tripathi, learned counsel for the applicants, Mr. Kailash Choudhary, 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 proceeding of Case No. 40136 of 2021 (State Vs. Sudha Devi and others), arising out of Case Crime No. 260 of 2017, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S.- Sahjanawa, District- Gorakhpur, pending in the court of learned Additional Chief Judicial Magistrate (F.T.C.) Gorakhpur as well as summoning order dated 13.02.2021 passed by A.C.J.M. (F.T.C.) Gorakhpur, on the basis of compromise.
On 23.02.2022, the following order was passed:-
"Heard learned counsel for the applicants, learned counsel for opposite party no.2 and learned A.G.A. for the State.
This application has been moved with the prayer to quash the entire proceeding of Case No. 40136 of 2021 arising out of Case Crime No. 260 of 2017 under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S.- Sahjanawa, District- Gorakhpur pending in the court of learned Additional Chief Judicial Magistrate (F.T.C.) Gorakhpur in the light of compromise arrived between the parties.
Learned counsel for the applicants states that matter has been compromised between the parties. He further states that the compromise has not been filed before the Court below and he seeks time to file the same for verification.
On these facts, as the matter is of matrimonial nature and the parties have arrived for some amicable settlement regarding which compromise duly arrived at between the parties, therefore, it would be in the interest of justice to protect the right of the applicant pending final disposal of the matter. Learned counsel also submits that as the parties have entered into amicable settlement, there is no likelihood of conviction in the matter.
As an interim measure, till the next date of listing, further proceedings of Case No. 40136 of 2021 arising out of Case Crime No. 260 of 2017 under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S.- Sahjanawa, District- Gorakhpur shall be kept in abeyance.
However, learned counsel for the applicants, as prayed, is granted three weeks time to get the compromise deed verified from the court below and file a certified copy thereof, on or before the next date of listing before this Court.
Learned counsel for the applicant is directed to file copy of this order before the court below within 10 days from today along with the compromise for compliance, failing which, interim protection given by this Court shall cease to operate and law will take its own course.
As prayed, put up as fresh in the week commencing 4.4.2022."
In compliance of the aforesaid order, the compromise between the parties has been verified by the Court below, vide order dated 05.03.2022 in the presence of the parties as well as their respective counsels. The certified copy of the aforesaid verification order dated 05.03.2022 has been annexed as Annexure-II of the supplementary affidavit placed by learned counsel for the applicant before this Court today, 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. 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, proceeding of Case No. 40136 of 2021 (State Vs. Sudha Devi and others), arising out of Case Crime No. 260 of 2017, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S.- Sahjanawa, District- Gorakhpur, pending in the court of learned Additional Chief Judicial Magistrate (F.T.C.) Gorakhpur as well as summoning order dated 13.02.2021 passed by A.C.J.M. (F.T.C.) Gorakhpur, on the basis of compromise, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 21.10.2022
Rahul.
