Allahabad High Court
Ravi Kant Bajpai And Another vs State Of U.P And Another on 10 April, 2023
Bench: Shiv Shanker Prasad
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- APPLICATION U/S 482 No. - 41463 of 2022
Applicant :- Ravi Kant Bajpai And Another
Opposite Party :- State Of U.P And Another
Counsel for Applicant :- Mahendra Pratap Singh
Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard learned counsel for the applicants, the learned Additional Government Advocate for the State, and perused the materials on record.
This application under Section 482 Cr.P.C. has been filed to quash the charge sheet dated 14.06.2022 as well as cognizance order dated 06.08.2022 and the entire proceedings of Criminal Case No. 137893 of 2022, arising out of Case Crime No. 104 of 2022, under Sections 354, 323 I.P.C., Police Station-Kotwali, District-Kanpur Nagar, pending in the court of learned Chief Metropolitan Magistrate, Kanpur Nagar.
On 13.12.2022, the Court has passed following order:
"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 charge sheet dated 14.06.2022, cognizance order dated 06.08.2022 as well as the entire proceedings of Criminal Case No. 137893 of 2022, arising out of Case Crime No. 104 of 2022, under Sections 354, 323 I.P.C., Police Station-Kotwali, District-Kanpur Nagar, pending in the court of Chief Metropolitan Magistrate, Kanpur Nagar.
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. does not dispute the correctness of the compromise.
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 the aforesaid case."
Pursuant to the above order, the learned Chief Metropolitan Magistrate, Kanpur Nagar vide order dated 15.03.2023 has verified the compromise so entered into between the parties. Certified copies of the order of the learned Chief Metropolitan Magistrate, Kanpur Nagar dated 15.03.2023 and the compromise have been placed along 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 criminal case are liable to be 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 proceedings of Criminal Case No. 137893 of 2022, arising out of Case Crime No. 104 of 2022, under Sections 354, 323 I.P.C., Police Station-Kotwali, District-Kanpur Nagar, pending in the court of learned Chief Metropolitan Magistrate, Kanpur Nagar are hereby quashed.
The application is, accordingly, allowed. There shall be no order as to costs.
Order Date :- 10.4.2023
SK Srivastava
