Allahabad High Court
Aalok Kumar And 2 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. - 8852 of 2022
Applicant :- Aalok Kumar And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Surya Prakash Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri S.P. Pandey, learned counsel for the applicants, Sri Ajay Tripathi, learned counsel for opposite party no.2, Sri C.P. Singh, learned A.G.A. for the State and perused the record.
On 21.04.2022, the following order was passed:
Vakalatnama filed by Sri Ajay Tripathi, learned counsel on behalf of the opposite party no.2 is taken on record.
Heard learned counsel for the applicants, learned counsel for opposite party no.2 and learned A.G. A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case no.23483 of 2019, (State vs. Aalok Kumar and others), arising out of case crime no.41 of 2019, under Sections 498-A, 323, 504 and 506 I.P.C. and 3/4 D.P. Act, P.S. Mahila Thana, District Ghaziabad.
It is submitted by learned counsel for the applicants that applicant no.1 and opposite party no.2 who are husband and wife have settled their dispute and they have filed a certified compromise before the lower court, a copy of which has been filed at page 48 of the paper book (Annexure-4 to the application.
In view of the facts and circumstances of the case, both the parties shall appear before the court concerned within 15 days from the date of production of a certified copy of this order. The court concerned is directed to verify the compromise deed (Annexure-8 to the application) and send a report to this Court.
List along with verification report on 18.07.2022.
Till the next date of listing, no coercive action shall be taken against the applicants.
In compliance of the aforesaid order, the report regarding verification of compromise has been placed on record as is evident from the office report dated 12.09.2022. The compliance report dated 06.08.2022 has been placed on record along with certified copy of the order dated 24.05.2022 vide which, the compromise has been verified in presence of the parties and their respective counsels.
Learned counsel for the parties submit that in view of the aforesaid compromise entered into between the parties, 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.23483 of 2019, (State vs. Aalok Kumar and others), arising out of case crime no.41 of 2019, under Sections 498-A, 323, 504 and 506 I.P.C. and 3/4 D.P. Act, P.S. Mahila Thana, District Ghaziabad pending before the court of Civil Judge (J.D.)/F.T.C.-I (C.A.W.), Gaziabad, are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 12.9.2022/Madhurima
