Badan Singh And 3 Others vs State Of U.P. And Another
2023 Latest Caselaw 10935 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 73
 

 
Case :- APPLICATION U/S 482 No. - 3381 of 2022
 

 
Applicant :- Badan Singh And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Pankaj Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shiv Shanker Prasad,J.

Heard Sri Pankaj Kumar Mishra, learned counsel for the applicants, the learned Additional Government Advocate for the State 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. 17 of 2021 dated 09.02.2021 as well as entire proceedings of Case Crime No. 9 of 2021, under Sections 308, 323, 504 I.P.C., Police Station Usrahar, District Etawah, pending before Additional Chief Judicial (J.D.) Ist/ Judicial Magistrate, Etawah, on the basis of compromise entered between the parties.

A Coordinate Bench of this Court passed order on 11the February, 2022 directing the parties to appear before the court below along with copy of the compromise for its verification and the court below inturn was directed to verify the same in the presence of both the parties.

Learned counsel for the applicants submits that in compliance of the order of this Court dated 11the February, 2022, the court below has verified the said compromise vide order dated16th March, 2023, copies of the compromise deed and verification order have been brought on record.

Learned counsel for the applicants submits that in view of compromise so entered into between the parties, which has also been verified by the court below, the entire proceedings of the aforesaid criminal case are liable to be quashed.

Learned A.G.A. for the State has also not denied the aforesaid facts and 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 complaint case as the parties have already settled their dispute.

Accordingly, the proceedings of charge-sheet No. 17 of 2021 dated 09.02.2021 as well as entire proceedings of Case No. 179 of 2021 (State Vs. Badan Singh), arising out of Case Crime No. 9 of 2021, under Sections 308, 323, 504 I.P.C., Police Station Usrahar, District Etawah, pending before Additional Chief Judicial Magistrate, Court No.4, Etawah, are hereby quashed.

The application is, accordingly, allowed. There shall be no order as to costs.

Order Date :- 12.4.2023

Abhishek Singh