Allahabad High Court
Yatendra Pal Singh And 3 Others vs State Of U.P. And Another on 5 April, 2023
Bench: Shiv Shanker Prasad
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- APPLICATION U/S 482 No. - 12746 of 2021
Applicant :- Yatendra Pal Singh And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- M.P.S. Chauhan,Shiv Sharan Tripathi
Counsel for Opposite Party :- G.A.,Ashutosh Kumar Pandey,Rajesh Sharma
Hon'ble Shiv Shanker Prasad,J.
Heard learned counsel for the applicants, the learned Additional Government Advocate for the State, and learned counsel for opposite party no.2 as well as perused the materials on record.
This application under Section 482 Cr.P.C. has been filed to quash the charge sheet no.223 of 2020 dated 07.11.2020 alongwith cognizance order dated 05.01.2021 passed by the Judicial Magistrate, Iglas, District Aligarh as well as the entire criminal proceedings of Criminal Case No.04 of 2021 (State Vs. Yatendra Pal Singh and others) arising out of Case Crime No.253 of 2020, under Sections 406, 420, 504, 506, 120B IPC, Police Station Gonda, District Aligarh.
On 02.03.2023, the Court has passed following order:
"Heard Sri Shiv Sharan Tripathi, learned counsel for the applicants, Sri Piyush Kumar Tiwari, advocate holding brief of Sri Ashutosh Kumar Pandey, learned counsel for opposite party no.2, learned AGA for the State and perused the record.
This application has been moved with the prayer to quash the charge sheet no.223 of 2020 dated 07.11.2020 alongwith cognizance order dated 05.01.2021 passed by the Judicial Magistrate, Iglas, District Aligarh as well as the entire criminal proceedings of Criminal Case No.04 of 2021 (State Vs. Yatendra Pal Singh and others) arising out of Case Crime No.253 of 2020, under Sections 406, 420, 504, 506, 120B IPC, Police Station Gonda, District Aligarh.
Learned counsel for the parties stated that matter has been compromised between the parties. He further states that the compromise deed dated 22.06.2022 (annexure-1 to the compromise affidavit/supplementary affidavit) has been filed before the court below but same has not been verified as yet by the learned court below.
On these facts, the parties have arrived for some amicable settlement regarding which compromise duly arrived at between the parties is pending verification before learned court below and, 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, no coercive action shall be taken against the applicants in the aforesaid case.
However, learned counsel for the applicants, as prayed, is granted three weeks' time to appear and get the aforesaid compromise deed verified from the court below and file a certified copy thereof as well as a copy of the verification order, on or before the next date of listing before this Court. The court concerned is also directed to transmit the same by the next date positively.
Learned counsel for the applicants is directed to file copy of this order before the court below within two weeks from today for compliance, failing which, interim protection given by this Court shall cease to operate and law will take its own course.
List on 05.04.2023."
Pursuant to the above order, the learned Judicial Magistrate, Iglas, District Aligarh vide order dated 22.06.2022 has verified the compromise so entered into between the parties. Certified copies of the order of the learned Judicial Magistrate, Iglas, District Aligarh vide order dated 22.06.2022 and the compromise have been annexed with the order sheet.
Learned counsel for the applicants submits that in view of compromise so entered into between the parties, which has also been verified by the concerned Magistrate, the entire proceedings of the aforesaid case are liable to be quashed.
Learned counsel for opposite party no.2 has also not denied the aforesaid facts. On instructions received from opposite party no.2, he submits that he has no objection, if the proceedings in 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,
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 case as the parties have already settled their dispute.
Accordingly, the proceeding of charge sheet no.223 of 2020 dated 07.11.2020 alongwith cognizance order dated 05.01.2021 passed by the Judicial Magistrate, Iglas, District Aligarh as well as the entire criminal proceedings of Criminal Case No.04 of 2021 (State Vs. Yatendra Pal Singh and others) arising out of Case Crime No.253 of 2020, under Sections 406, 420, 504, 506, 120B IPC, Police Station Gonda, District Aligarh are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 5.4.2023
Anurag/-
