Allahabad High Court
Sarvesh And 3 Others vs State Of U.P. And Another on 12 September, 2022
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 85
Case :- APPLICATION U/S 482 No. - 23968 of 2022
Applicant :- Sarvesh And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ansar Ahmad
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Ms. Sandhya Chaturvedi, Advocate, holding brief of Sri Ansar Ahmad, learned counsel for the applicants, Sri Pankaj Srivastava, learned A.G.A. for the State and perused the record.
The instant application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet as well as entire proceeding of Case No. 744 of 2020 (State vs Sarvesh and others) arising out of Case Crime No.25 of 2019, under Sections 323, 504, 308 I.P.C., Police Station Lavedi, District Etawah pending in the Court of A.C.J.M.-IVth, Etawah on the basis of compromise being verified on 15.07.2022.
Earlier, the applicants approached this Court by means of filing an application under section 482 Cr.P.C. No.745 of 2022 in which, vide order dated 05.07.2022, the court concerned was directed to verify the compromise entered into between the parties.
In compliance of the aforesaid order, vide order dated 15.07.2022, the court concerned has duly verified the compromise in presence of the parties along with their respective counsels. Certified copy of the aforesaid order has been placed at page 60 of this application.
Learned counsel for the applicants submits that in view of the aforesaid compromise being verified by the court concerned, no useful purpose would be served in continuing the proceedings before the court below as the same is not only sheer wastage of time of the court but also abuse of process of law. Therefore, 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, the proceedings of Case No. 744 of 2020 (State vs Sarvesh and others) arising out of Case Crime No.25 of 2019, under Sections 323, 504, 308 I.P.C., Police Station Lavedi, District Etawah pending in the Court of A.C.J.M.-IVth, Etawah are, hereby, quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 12.9.2022
Madhurima
