Allahabad High Court
Vivek Vaish And Another 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. - 27634 of 2021
Applicant :- Vivek Vaish And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Abhishek Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Abhishek Srivastava, learned counsel for the applicant, Mr. C.P. Singh, learned counsel appearing for the State and perused the records.
This application under Section 482 Cr.P.C. has been filed to quash the summoning order dated 25.11.2019 and the order dated 01.11.2021 as well as the entire proceedings of Case No. 555 of 2019 (Priyanka Jaiswal Vs. Vivek Vaish and another), under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 of D.P. Act, P.S.-Shivkuti, District-Prayagraj, pending in the court of Civil Judge (Junior Division)/ F.T.C., Court-21, Prayagraj.
On 14.02.2022, the following order was passed:-
"Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed praying for quashing of summoning order dated 25.11.2019 passed by .C.J.M., Court No. 10, Prayagraj as well as order dated 1.11.2021 passed by Civil Judge (J.D.)/ FTC No. 21 Prayagraj, in case No 555 of 2019 (Priyanka Jaiswal Vs. Vivek Vaish and another), under section 498-A, 323, 504, 506 IPC and section 3/4 D.P. Act, P.S. Shivkuti, District Prayagraj whereby the learned court has dismissed the withdrawal application moved by the O.P. No. 2/ complainant.
Learned counsel for the applicants submits that since the charge sheet has been issued, the parties have reconciled their differences and a compromise has been entered between them which has been reduced in writing.
Learned A.G.A. appearing for the State does not dispute the correctness of the dispute.
Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order on the next date fixed and be permitted to file an application for verification of the original compromise document. It is expected that the trial court may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order with respect to the verification within a period of two months from today. Upon due verification, the court below may pass appropriate order in that regard and send a report to this Court.
List after two months.
Till then no coercive measure shall be taken against the applicants."
In compliance of the aforesaid order dated 14.02.2022, a report dated 15.03.2022 from Civil Judge (J.D.)/FTC, Prayagraj is placed on record alongwith the statements of the parties. The said report mentions about the compromise being verified in the presence of parties alongwith their respective counsels.
Learned counsel for the applicants submits that on account of compromise entered into between the parties concerned, all disputes between them have come to an end, and therefore, further proceedings against the applicant in the aforesaid case is liable to be quashed by this Court.
Learned A.G.A. does not dispute the aforesaid fact and submitted at the Bar that since the parties concerned have settled their dispute as mentioned above, therefore, he has no objection in quashing the impugned criminal proceedings against the applicants.
Before proceeding any further it shall be apt to make a brief reference to the following cases:-
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,
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. 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 the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute.
Accordingly, the summoning order dated 25.11.2019 and the order dated 01.11.2021 as well as the entire proceedings of Case No. 555 of 2019 (Priyanka Jaiswal Vs. Vivek Vaish and another), under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 of D.P. Act, P.S.-Shivkuti, District-Prayagraj, pending in the court of Civil Judge (Junior Division)/ F.T.C., Court-21, Prayagraj are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
A copy of this order be certified to the lower court forthwith.
Order Date :- 12.9.2022
Jitendra/-
